3. A full- or part-time faculty member or
employee of the Nevada System of Higher Education may bid on or enter into a
contract with a governmental agency, or may benefit financially or otherwise
from a contract between a governmental agency and a private entity, if the
contract complies with the policies established by the Board of Regents of the
University of Nevada pursuant to NRS 396.255.

4. A public officer or employee, other
than an officer or employee described in subsection 2 or 3, may bid on or enter
into a contract with a governmental agency if the contracting process is
controlled by rules of open competitive bidding, the sources of supply are
limited, the public officer or employee has not taken part in developing the
contract plans or specifications and the public officer or employee will not be
personally involved in opening, considering or accepting offers. If a public
officer who is authorized to bid on or enter into a contract with a
governmental agency pursuant to this subsection is a member of the governing
body of the agency, the public officer, pursuant to the requirements of NRS
281A.420, shall disclose his or her interest in the contract and shall not vote
on or advocate the approval of the contract.

5. A person who violates any of the
provisions of this section shall be punished as provided in NRS 197.230 and:

(a) Where the commission, personal profit or
compensation is $650 or more, for a category D felony as provided in NRS
193.130.

(b) Where the commission, personal profit or compensation
is less than $650, for a misdemeanor.

6. A person who violates the provisions of
this section shall pay any commission, personal profit or compensation
resulting from the contract or transaction to the employing state, county,
municipality, township, district or quasi-municipal corporation as restitution.

Sec. 17. Chapter
281A of NRS is hereby amended by adding thereto the provisions set forth as
sections 18 to 27.5, inclusive, of this act.

Sec. 18. Agency means any state agency or local agency.

Sec. 19. Commitment in a private capacity, with respect to the
interests of another person, means a commitment, interest or relationship of a
public officer or employee to a person:

1. Who
is the spouse or domestic partner of the public officer or employee;

2. Who
is a member of the household of the public officer or employee;

3. Who
is related to the public officer or employee, or to the spouse or domestic
partner of the public officer or employee, by blood, adoption, marriage or
domestic partnership within the third degree of consanguinity or affinity;

4. Who
employs the public officer or employee, the spouse or domestic partner of the
public officer or employee or a member of the household of the public officer
or employee;

5. With
whom the public officer or employee has a substantial and continuing business
relationship; or

6. With
whom the public officer or employee has any other commitment, interest or
relationship that is substantially similar to a commitment, interest or relationship
described in subsections 1 to 5, inclusive.

2. A
domestic partnership which was validly formed in another jurisdiction and which
is substantially equivalent to a domestic partnership as defined in NRS
122A.040, regardless of whether it bears the name of a domestic partnership or
is registered in this State.

Sec. 22. Local agency means any local legislative body, agency,
bureau, board, commission, department, division, office or other unit of any
county, city or other political subdivision.

Sec. 23. Pecuniary interest means any beneficial or detrimental
interest in a matter that consists of or is measured in money or is otherwise
related to money, including, without limitation:

1. Anything
of economic value; and

2. Payments
or other money which a person is owed or otherwise entitled to by virtue of any
statute, regulation, code, ordinance or contract or other agreement.

Sec. 24. State agency means any agency, bureau, board, commission,
department, division, office or other unit of the Executive Department of the
State Government.

Sec. 24.5. 1. Any person who serves in one of the
following positions is designated as a public officer for the purposes of this
chapter:

(a) A
president of a university, state college or community college within the Nevada
System of Higher Education.

(b) A
superintendent of a county school district.

(c) A
county manager or a city manager.

2. This
section applies to such a person regardless of whether the person serves in the
position:

(a) By
appointment, contract or employment;

(b) With
or without compensation; or

(c) On a
temporary, interim or acting basis.

Sec. 25. In computing any period prescribed or allowed by this
chapter:

1. If
the period begins to run on the occurrence of an act or event, the day on which
the act or event begins is excluded from the computation.

2. The
last day of the period is included in the computation, except that if the last
day falls on a Saturday, Sunday, legal holiday or holiday proclaimed by the
Governor or on a day on which the office of the Commission is not open for the
conduct of business, the period is extended to the close of business on the next
business day.

Sec. 26. (Deleted by amendment.)

Sec. 27. The Commission may apply for and accept grants,
contributions, services or money for the purposes of carrying out the
provisions of this chapter only if the action is approved by a majority vote in
an open public meeting of the Commissionand the Commission complies with the provisions of the State
Budget Act.

Sec. 27.3. In any matter in which the Commission disposes of a request
for an opinion by stipulation, agreed settlement or consent order, the
Commission shall treat comparable situations in a comparable manner and shall
ensure that the disposition of the matter bears a reasonable relationship to
the severity of the violation or alleged violation.

Sec. 27.5. 1. In determining whether a violation
of this chapter is a willful violation and, if so, the amount of any civil penalty to be
imposed on a public officer or employee or former public officer or employee
pursuant to NRS 281A.480, the Commission shall consider:

(a) The
seriousness of the violation, including, without limitation, the nature,
circumstances, extent and gravity of the violation;

(b) The
number and history of previous warnings issued to or violations of the
provisions of this chapter by the public officer or employee;

(c) The
cost to the Commission to conduct the investigation and any hearing relating to
the violation;

(d) Any
mitigating factors, including, without limitation, any self-reporting, prompt
correction of the violation, any attempts to rectify the violation before any
complaint is filed and any cooperation by the public officer or employee in
resolving the complaint;

(e) Any
restitution or reimbursement paid to parties affected by the violation;

(f) The
extent of any financial gain resulting from the violation; and

(g) Any
other matter justice may require.

2. In
applying the factors set forth in this section, the Commission shall treat
comparable situations in a comparable manner and shall ensure that the
disposition of the matter bears a reasonable relationship to the severity of
the violation.

Sec. 28. (Deleted by
amendment.)

Sec. 29. NRS
281A.030 is hereby amended to read as follows:

281A.030 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 281A.040 to
281A.170, inclusive, and sections
18 to 24, inclusive, of this act have the meanings ascribed to
them in those sections.

Sec. 30. NRS
281A.100 is hereby amended to read as follows:

281A.100 Household means an association
of persons who live in the same home or dwelling[, sharing its expenses,]
and who are related by blood, adoption , [or]
marriage or domestic partnership.

Sec. 31. NRS
281A.125 is hereby amended to read as follows:

281A.125 Member of a local legislative
body means a member of a board of county commissioners, a governing body of a
city or a governing body of any other political subdivision who performs any
function that involves introducing, voting upon or otherwise acting upon any
matter of a permanent or general character which may reflect public policy .[and which is not
typically restricted to identifiable persons or groups.]

Sec. 32. (Deleted by amendment.)

Sec. 32.3. NRS
281A.160 is hereby amended to read as follows:

281A.160 1. Public officer
means a person [elected]who is:

(a) Elected
or appointed to a position which:

[(a)](1) Is established by the Constitution
of the State of Nevada, a statute of this State or a charter or ordinance of
any county, city or other political subdivision; and

[(b)](2) Involves the exercise of a public
power, trust or duty[.]; or

(b) Designated
as a public officer for the purposes of this chapter pursuant to section 24.5
of this act.

2. As
used in this section, the exercise of a public power, trust or duty means:

[(1)](a) Actions taken in an official
capacity which involve a substantial and material exercise of administrative
discretion in the formulation of public policy;

[(2)](b) The expenditure of public money; and

[(3)](c) The administration of laws and rules
of the State or any county, city or other political subdivision.

[2.]3. Public officer does not
include:

(a) Any justice, judge or other officer of the
court system;

(b) Any member of a board, commission or other
body whose function is advisory;

(c) Any member of a special district whose
official duties do not include the formulation of a budget for the district or
the authorization of the expenditure of the districts money; or

(d) A county health officer appointed pursuant to
NRS 439.290.

[3.]4. Public office does not
include an office held by:

(a) Any justice, judge or other officer of the
court system;

(b) Any member of a board, commission or other
body whose function is advisory;

(c) Any member of a special district whose
official duties do not include the formulation of a budget for the district or
the authorization of the expenditure of the districts money; or

(d) A county health officer appointed pursuant to
NRS 439.290.

Sec. 32.5. NRS
281A.170 is hereby amended to read as follows:

281A.170 Willful violation means a
violation where [the]:

1. The
public officer or employee:

[1.](a) Acted intentionally and knowingly;
or

[2.](b) Was in a situation where this
chapter imposed a duty to act and the public officer or employee intentionally
and knowingly failed to act in the manner required by this chapter[.] ; and

2. The
Commission determines, after applying the factors set forth in section 27.5 of
this act, that the public officers or employees act or failure to act resulted
in a sanctionable violation of this chapter.

Sec. 33. NRS
281A.200 is hereby amended to read as follows:

281A.200 1. The Commission on
Ethics, consisting of eight members, is hereby created.

2. The Legislative Commission shall
appoint to the Commission four residents of the State, at least two of whom [are]must be former
public officers[,] or employees, and at
least one of whom must be an attorney licensed to practice law in this State.

3. The Governor shall appoint to the
Commission four residents of the State, at least two of whom must be former
public officers or [public] employees, and at least one of
whom must be an attorney licensed to practice law in this State.

4. Not more than four members of the
Commission may be members of the same political party. Not more than four
members of the Commission may
be residents of the same county.

5. None of the members of the Commission
may, while the member is serving on the Commission:

(a) Hold another public office;

(b) Be actively involved in the work of any
political party or political campaign; or

(c) Communicate directly with a State Legislator
or a member of a local legislative body on behalf of someone other than himself
or herself or the Commission, for compensation, to influence:

(1) The State Legislator with regard to
introducing or voting upon any matter or taking other legislative action; or

(2) The member of the local legislative
body with regard to introducing or voting upon any ordinance or resolution,
taking other legislative action or voting upon:

(I) The appropriation of public money;

(II) The issuance of a license or
permit; or

(III) Any proposed subdivision of
land or special exception or variance from zoning regulations.

6. After the initial terms, the terms of
the members are 4 years. Any vacancy in the membership must be filled by the
appropriate appointing authority for the unexpired term. Each member may serve
no more than two consecutive full terms.

Sec. 34. NRS
281A.240 is hereby amended to read as follows:

281A.240 1. In addition to
any other duties imposed upon the Executive Director, the Executive Director
shall:

(a) Maintain complete and accurate records of all
transactions and proceedings of the Commission.

(b) Receive requests for opinions pursuant to NRS
281A.440.

(c) Gather information and conduct investigations
regarding requests for opinions received by the Commission and submit
recommendations to the investigatory panel appointed pursuant to NRS 281A.220
regarding whether there is just and sufficient cause to render an opinion in
response to a particular request.

(d) Recommend to the Commission any regulations
or legislation that the Executive Director considers desirable or necessary to
improve the operation of the Commission and maintain high standards of ethical
conduct in government.

(e) Upon the request of any public officer or the
employer of a public employee, conduct training on the requirements of this
chapter, the rules and regulations adopted by the Commission and previous
opinions of the Commission. In any such training, the Executive Director shall
emphasize that the Executive Director is not a member of the Commission and
that only the Commission may issue opinions concerning the application of the
statutory ethical standards to any given set of facts and circumstances. The
Commission may charge a reasonable fee to cover the costs of training provided
by the Executive Director pursuant to this subsection.

(f) Perform such other duties, not inconsistent
with law, as may be required by the Commission.

2. The Executive Director shall, within
the limits of legislative appropriation, employ such persons as are necessary
to carry out any of the Executive Directors duties relating to:

(a) The administration of the affairs of the
Commission; and

(b) The investigation of matters under the
jurisdiction of the Commission.

3. If
the Executive Director is prohibited from acting on a particular matter or is
otherwise unable to act on a particular matter, the Chair of the Commission
shall designate a qualified person to perform the duties of the Executive
Director with regard to that particular matter.

281A.260 1. The Commission
Counsel is the legal adviser to the Commission. For each opinion of the
Commission, the Commission Counsel shall prepare, at the direction of the
Commission, the appropriate findings of fact and conclusions as to relevant
standards and the propriety of particular conduct . [within the time set forth
in subsection 6 of NRS 281A.440.] The Commission Counsel
shall not issue written opinions concerning the applicability of the statutory
ethical standards to a given set of facts and circumstances except as directed
by the Commission.

2. The Commission may rely upon the legal
advice of the Commission Counsel in conducting its daily operations.

3. If the Commission Counsel is prohibited
from acting on a particular matter or is otherwise unable to act on a
particular matter, the Commission may:

(a) Request that the Attorney General appoint a
deputy to act in the place of the Commission Counsel; or

(b) Employ outside legal counsel.

Sec. 36. NRS
281A.270 is hereby amended to read as follows:

281A.270 1. Each county whose
population is 10,000 or more and each city whose population is 15,000 or more
and that is located within such a county shall pay an assessment for the costs
incurred by the Commission each biennium in carrying out its functions pursuant
to this chapter. The total amount of money to be derived from assessments paid
pursuant to this subsection for a biennium must be determined by the
Legislature in the legislatively approved budget of the Commission for that
biennium. The assessments must be apportioned among each such city and county
based on the proportion that the total population of the city or the total
population of the unincorporated area of the county bears to the total
population of all such cities and the unincorporated areas of all such counties
in this State.

2. On or before July 1 of each
odd-numbered year, the Executive Director shall, in consultation with the
Budget Division of the Department of Administration and the Fiscal Analysis
Division of the Legislative Counsel Bureau, determine for the next ensuing biennium
the amount of the assessments due for each city and county that is required to
pay an assessment pursuant to subsection 1. The assessments must be paid to the
Commission in semiannual installments that are due on or before August 1 and
February 1 of each year of the biennium. The Executive Director shall send out
a billing statement to each such city or county which states the amount of the
semiannual installment payment due from the city or county.

3. Any money that the Commission receives
pursuant to subsection 2:

(a) Must be deposited in the State Treasury,
accounted for separately in the State General Fund and credited to the budget
account for the Commission;

(b) May only be used to carry out the provisions
of this chapter and only to the extent authorized for expenditure by the
Legislature; [and]

(c) Does not revert to the State General Fund at
the end of any fiscal year[.] ; and

(d) Does
not revert to a city or county if:

(1) The
actual expenditures by the Commission are less than the amount of the
assessments approved by the Legislature pursuant to subsection 1 and the city
or county has already remitted its semiannual installment to the Commission for
the billing period; or

(2) The
budget of the Commission is modified after the amount of the assessments has
been approved by the Legislature pursuant to subsection 1 and the city or
county has already remitted its semiannual installment to the Commission for
the billing period.

4. If any installment payment is not paid
on or before the date on which it is due, the Executive Director shall make
reasonable efforts to collect the delinquent payment. If the Executive Director
is not able to collect the arrearage, the Executive Director shall submit a
claim for the amount of the unpaid installment payment to the Department of
Taxation. If the Department of Taxation receives such a claim, the Department
shall deduct the amount of the claim from money that would otherwise be
allocated from the Local Government Tax Distribution Account to the city or
county that owes the installment payment and shall transfer that amount to the
Commission.

5. As
used in this section, population means the current population estimate for
that city or county as determined and published by the Department of Taxation
and the demographer employed pursuant to NRS 360.283.

Sec. 37. NRS
281A.290 is hereby amended to read as follows:

281A.290 The Commission shall:

1. Adopt procedural regulations[:] that are necessary and proper to carry
out the provisions of this chapter, including, without limitation:

(a) To facilitate the receipt of inquiries by the
Commission;

(b) For the filing of a request for an opinion
with the Commission;

(c) For the withdrawal of a request for an
opinion by the person who filed the request; and

(d) To facilitate the prompt rendition of
opinions by the Commission.

2. Prescribe, by regulation, forms and
procedures for the submission of statements of acknowledgment filed by public
officers pursuant to NRS 281A.500, maintain files of such statements and make
the statements available for public inspection.

3. Cause the making of such investigations
as are reasonable and necessary for the rendition of its opinions pursuant to
this chapter.

4. Inform the Attorney General or district
attorney of all cases of noncompliance with the requirements of this chapter.

5. Recommend to the Legislature such
further legislation as the Commission considers desirable or necessary to
promote and maintain high standards of ethical conduct in government.

6. Publish a manual for the use of public
officers and employees that [contains:

(a) Hypothetical
opinions which are abstracted from opinions rendered pursuant to subsection 1
of NRS 281A.440, for the future guidance of all persons concerned with ethical
standards in government;

2. The Commission, upon majority vote, may
issue a subpoena to compel the attendance of a witness and the production of
books and papers. Upon the request of the Executive Director or the public
officer or [public] employee who is the subject of a
request for an opinion, the Chair or, in the Chairs absence, the Vice Chair,
may issue a subpoena to compel the attendance of a witness and the production
of books and papers. A public
officer or employee who requests the issuance of a subpoena pursuant to this
subsection must serve the subpoena in the manner provided in the Nevada Rules
of Civil Procedure for service of subpoenas in a civil action and must pay the
costs of such service.

3. Before issuing a subpoena to a public
officer or [public] employee who is the subject of a
request for an opinion[,] to compel his or her attendance as a
witness or his or her production of books or papers, the
Executive Director shall submit a written request to the public officer or [public]
employee requesting:

(a) The appearance of the public officer or [public]
employee as a witness; or

(b) The production by the public officer or [public]
employee of any books and papers relating to the request for an opinion.

4. Each written request submitted by the
Executive Director pursuant to subsection 3 must specify the time and place for
the attendance of the public officer or [public]
employee or the production of any books and papers, and designate with
certainty the books and papers requested, if any. If the public officer or [public]
employee fails or refuses to attend at the time and place specified or produce
the books and papers requested by the Executive Director within 5 business days
after receipt of the request, the Chair may issue the subpoena. Failure of the
public officer or [public] employee to comply with the
written request of the Executive Director shall be deemed a waiver by the public
officer or [public] employee of the time set forth
in subsections 4, 5 and 6 of NRS 281A.440.

5. If any witness refuses to attend,
testify or produce any books and papers as required by the subpoena, the Chair
of the Commission may report to the district court by petition, setting forth
that:

(a) Due notice has been given of the time and
place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the
Commission pursuant to this section; and

(c) The witness has failed or refused to attend
or produce the books and papers required by the subpoena before the Commission,
or has refused to answer questions propounded to the witness, and asking for an
order of the court compelling the witness to attend and testify or produce the
books and papers before the Commission.

6. Upon such a petition, the court shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days after the date of the order, and then and there show cause why the witness
has not attended, testified or produced the books or papers before the
Commission. A certified copy of the order must be served upon the witness.

7. If it appears to the court that the
subpoena was regularly issued by the Commission, the court shall enter an order
that the witness appear before the Commission, at the time and place fixed in
the order, and testify or produce the required books and
papers.

produce the required books and papers. Upon failure to obey
the order, the witness must be dealt with as for contempt of court.

Secs. 39 and 40. (Deleted by amendment.)

Sec. 40.3. NRS
281A.400 is hereby amended to read as follows:

281A.400 A code of ethical standards is
hereby established to govern the conduct of public officers and employees:

1. A public officer or employee shall not
seek or accept any gift, service, favor, employment, engagement, emolument or
economic opportunity which would tend improperly to influence a reasonable
person in the public officers or employees position to depart from the
faithful and impartial discharge of the public officers or employees public
duties.

2. A public officer or employee shall not
use the public officers or employees position in government to secure or
grant unwarranted privileges, preferences, exemptions or advantages for the
public officer or employee, any business entity in which the public officer or
employee has a significant pecuniary interest, or any person to whom the public
officer or employee has a commitment in a private capacity to the interests of
that person. As used in this subsection[:

(a) Commitment
in a private capacity to the interests of that person has the meaning ascribed
to commitment in a private capacity to the interests of others in subsection
8 of NRS 281A.420.

3. A public officer or employee shall not
participate as an agent of government in the negotiation or execution of a
contract between the government and any business entity in which the public
officer or employee has a significant pecuniary interest.

4. A public officer or employee shall not
accept any salary, retainer, augmentation, expense allowance or other
compensation from any private source for the performance of the public
officers or employees duties as a public officer or employee.

5. If a public officer or employee
acquires, through the public officers or employees public duties or
relationships, any information which by law or practice is not at the time
available to people generally, the public officer or employee shall not use the
information to further [the]a significant pecuniary [interests]interest of the
public officer or employee or any other person or business entity.

6. A public officer or employee shall not
suppress any governmental report or other official document because it might tend to
affect unfavorably [the public officers or employees]a significant pecuniary [interests.] interest of the public officer or
employee.

7. Except for State Legislators who are
subject to the restrictions set forth in subsection 8, a public officer or
employee shall not use governmental time, property, equipment or other facility
to benefit [the public officers or employees]a significant personal or [financial]pecuniary interest[.]of the public officer or employee. This
subsection does not prohibit:

(a) A limited use of governmental property,
equipment or other facility for personal purposes if:

(1) The public officer or employee who is
responsible for and has authority to authorize the use of such property,
equipment or other facility has established a policy allowing the use or the
use is necessary as a result of emergency circumstances;

(2) The use does not interfere with the
performance of the public officers or employees public duties;

(3) The cost or value related to the use
is nominal; and

(4) The use does not create the appearance
of impropriety;

(b) The use of mailing lists, computer data or
other information lawfully obtained from a governmental agency which is
available to members of the general public for nongovernmental purposes; or

(c) The use of telephones or other means of
communication if there is not a special charge for that use.

Κ If a
governmental agency incurs a cost as a result of a use that is authorized
pursuant to this subsection or would ordinarily charge a member of the general
public for the use, the public officer or employee shall promptly reimburse the
cost or pay the charge to the governmental agency.

8. A State Legislator shall not:

(a) Use governmental time, property, equipment or
other facility for a nongovernmental purpose or for the private benefit of the
State Legislator or any other person. This paragraph does not prohibit:

(1) A limited use of state property and
resources for personal purposes if:

(I) The use does not interfere with
the performance of the State Legislators public duties;

(II) The cost or value related to
the use is nominal; and

(III) The use does not create the
appearance of impropriety;

(2) The use of mailing lists, computer
data or other information lawfully obtained from a governmental agency which is
available to members of the general public for nongovernmental purposes; or

(3) The use of telephones or other means
of communication if there is not a special charge for that use.

(b) Require or authorize a legislative employee,
while on duty, to perform personal services or assist in a private activity,
except:

(1) In unusual and infrequent situations
where the employees service is reasonably necessary to permit the State
Legislator or legislative employee to perform that persons official duties; or

(2) Where such service has otherwise been
established as legislative policy.

9. A public officer or employee shall not
attempt to benefit [the public officers or employees]a significant personal or [financial]pecuniary interest of the public officer or employee through
the influence of a subordinate.

10. A public officer or employee shall not
seek other employment or contracts through the use of the public officers or
employees official position.

Sec. 40.5. NRS
281A.410 is hereby amended to read as follows:

281A.410 In addition to the requirements
of the code of ethical standards[:] and the other provisions of this
chapter:

1. If a public officer or employee serves
in a state agency of the Executive Department or an agency of any county, city
or other political subdivision, the public officer or employee:

(a) Shall not accept compensation from any private
person to represent or counsel the private person on any issue pending before
the agency in which that public officer or employee serves, if the agency makes
decisions; and

(b) If the public officer or employee leaves the
service of the agency, shall not, for 1 year after leaving the service of the
agency, represent or counsel for compensation a private person upon any issue
which was under consideration by the agency during the public officers or
employees service. As used in this paragraph, issue includes a case,
proceeding, application, contract or determination, but does not include the
proposal or consideration of legislative measures or administrative
regulations.

2. [A]Except as otherwise provided in
subsection 3, a State Legislator or a member of a local
legislative body, or a public officer or employee whose public service requires
less than half of his or her time, may represent or counsel a private person
before an agency in which he or she does not serve. [Any other]

3. A
member of a local legislative body shall not represent or counsel a private
person for compensation before another local agency if the territorial
jurisdiction of the other local agency includes any part of the county in which
the member serves. The Commission may relieve the member from the strict
application of the provisions of this subsection if:

(a) The
member requests an opinion from the Commission pursuant to subsection 1 of NRS
281A.440; and

(b) The
Commission determines that such relief is not contrary to:

(1) The
best interests of the public;

(2) The
continued ethical integrity of each local agency affected by the matter; and

(3) The
provisions of this chapter.

4. Unless
permitted by this section, a public officer or employee shall not
represent or counsel a private person for compensation before any state agency
of the Executive or Legislative Department.

[3.]5. Not later than January 15 of
each year, if any
State Legislator , member of a
local legislative body or other public officer [who]permitted by this section has,
within the preceding year, represented or counseled a private person for
compensation before a state agency of the Executive Department , he or she shall disclose
for each such representation or counseling during the previous calendar year:

(a) The name of the client;

(b) The nature of the representation; and

(c) The name of the state agency.

[4.]6. The disclosure required by
subsection [3]5 must be made in writing and filed with the
Commission on a form prescribed by the Commission. For the purposes of this
subsection, the disclosure is timely filed if, on or before the last day for
filing, the disclosure is filed in one of the following ways:

(a) Delivered in person to the principal office
of the Commission in Carson City.

(b) Mailed to the Commission by first-class mail,
or other class of mail that is at least as expeditious, postage prepaid. Filing
by mail is complete upon timely depositing the disclosure with the United
States Postal Service.

(c) Dispatched to a third-party commercial
carrier for delivery to the Commission within 3 calendar days. Filing by
third-party commercial carrier is complete upon timely depositing the
disclosure with the third-party commercial carrier.

(d) Transmitted
to the Commission by facsimile machine or other electronic means authorized by
the Commission. Filing by facsimile machine or other electronic means is
complete upon receipt of the transmission by the Commission.

[5.]7. The Commission shall retain a
disclosure filed pursuant to [subsections 3 and 4]this section for 6 years
after the date on which the disclosure was filed.

Sec. 41. NRS
281A.420 is hereby amended to read as follows:

281A.420 1. Except as
otherwise provided in this section, a public officer or employee shall not
approve, disapprove, vote, abstain from voting or otherwise act upon a matter:

(a) Regarding which the public officer or
employee has accepted a gift or loan;

(b) In which the public officer or employee has a significant pecuniary
interest; or

(c) Which would reasonably be affected by the
public officers or employees commitment in a private capacity to the [interest
of others,]
interests of another person,

Κ without
disclosing [sufficient] information concerning the
gift[,]or loan, significant pecuniary interest
or commitment in a private
capacity to the interests of the person that is sufficient to
inform the public of the potential effect of the action or abstention upon the
person who provided the gift or loan, upon the public officers or employees significant pecuniary
interest, or upon the [persons]person to whom the public officer or employee
has a commitment in a private capacity. Such a disclosure must be made at the
time the matter is considered. If the public officer or employee is a member of
a body which makes decisions, the public officer or employee shall make the
disclosure in public to the chair and other members of the body. If the public
officer or employee is not a member of such a body and holds an appointive
office, the public officer or employee shall make the disclosure to the
supervisory head of the public officers or employees organization or, if the
public officer holds an elective office, to the general public in the area from
which the public officer is elected.

2. The provisions of subsection 1 do not
require a public officer to disclose:

(a) Any campaign contributions that the public
officer reported in a timely manner pursuant to NRS 294A.120 or 294A.125; or

(b) Any contributions to a legal defense fund
that the public officer reported in a timely manner pursuant to NRS 294A.286.

3. Except as otherwise provided in this
section, in addition to the requirements of subsection 1, a public officer
shall not vote upon or advocate the passage or failure of, but may otherwise
participate in the consideration of, a matter with respect to which the
independence of judgment of a reasonable person in the public officers
situation would be materially affected by:

(a) The public officers acceptance of a gift or
loan;

(b) The public officers significant pecuniary interest; or

(c) The public officers commitment in a private
capacity to the interests of [others.] another person.

4. In interpreting and applying the
provisions of subsection 3:

(a) It must be presumed that the independence of
judgment of a reasonable person in the public officers situation would not be
materially affected by the public officers acceptance of
a gift or loan, significant pecuniary interest or [the public officers]
commitment in a private capacity to the interests of [others] another person
where the resulting benefit or detriment accruing to the public officer, or if
the public officer has a commitment in a private capacity to the interests of
[others,] another person, accruing to the other [persons,] person, is not
greater than that accruing to any other member of [the] any general business,
profession, occupation or group that is affected by the matter.

affected by the public officers acceptance of a gift or loan, significant pecuniary
interest or [the public officers] commitment in a
private capacity to the interests of [others]another person where
the resulting benefit or detriment accruing to the public officer, or if the
public officer has a commitment in a private capacity to the interests of [others,]another person, accruing
to the other [persons,]person, is not greater than that accruing to
any other member of [the]any general business, profession, occupation
or group that is affected by the matter. The presumption set forth in this
paragraph does not affect the applicability of the requirements set forth in
subsection 1 relating to the disclosure of the acceptance of a gift or loan, significant pecuniary
interest or commitment in a private capacity to the interests of [others.] another person.

(b) The Commission must give appropriate weight
and proper deference to the public policy of this State which favors the right
of a public officer to perform the duties for which the public officer was
elected or appointed and to vote or otherwise act upon a matter, provided the
public officer has properly disclosed the public officers acceptance of a gift
or loan, [the public officers]significant pecuniary
interest or [the public officers] commitment in a
private capacity to the interests of [others]another person in
the manner required by subsection 1. Because abstention by a public officer
disrupts the normal course of representative government and deprives the public
and the public officers constituents of a voice in governmental affairs, the
provisions of this section are intended to require abstention only in clear
cases where the independence of judgment of a reasonable person in the public
officers situation would be materially affected by the public officers
acceptance of a gift or loan, [the public officers] significant pecuniary
interest or [the public officers] commitment in a
private capacity to the interests of [others.] another person.

5. Except as otherwise provided in NRS
241.0355, if a public officer declares to the body or committee in which the
vote is to be taken that the public officer will abstain from voting because of
the requirements of this section, the necessary quorum to act upon and the
number of votes necessary to act upon the matter, as fixed by any statute,
ordinance or rule, is reduced as though the member abstaining were not a member
of the body or committee.

6. The provisions of this section do not,
under any circumstances:

(a) Prohibit a member of a local legislative body
from requesting or introducing a legislative measure; or

(b) Require a member of a local legislative body
to take any particular action before or while requesting or introducing a
legislative measure.

7. The provisions of this section do not,
under any circumstances, apply to State Legislators or allow the Commission to
exercise jurisdiction or authority over State Legislators. The responsibility
of a State Legislator to make disclosures concerning gifts, loans, interests or
commitments and the responsibility of a State Legislator to abstain from voting
upon or advocating the passage or failure of a matter are governed by the
Standing Rules of the Legislative Department of State Government which are
adopted, administered and enforced exclusively by the appropriate bodies of the
Legislative Department of State Government pursuant to Section 6 of Article 4
of the Nevada Constitution.

(a) Commitment
in a private capacity to the interests of others means a commitment to a
person:

(1) Who
is a member of the public officers or employees household;

(2) Who
is related to the public officer or employee by blood, adoption or marriage
within the third degree of consanguinity or affinity;

(3) Who
employs the public officer or employee or a member of the public officers or
employees household;

(4) With
whom the public officer or employee has a substantial and continuing business
relationship; or

(5) Any
other commitment or relationship that is substantially similar to a commitment
or relationship described in subparagraphs (1) to (4), inclusive, of this
paragraph.

(b) Public] , public officer and
public employee do not include a State Legislator.

Sec. 42. (Deleted by amendment.)

Sec. 42.5. NRS
281A.430 is hereby amended to read as follows:

281A.430 1. Except as
otherwise provided in this section and NRS [281A.530]218A.970 and
332.800, a public officer or employee shall not bid on or enter into a contract
between [a governmental]an agency and any business entity in which the
public officer or employee has a significant pecuniary interest.

2. A member of any board, commission or
similar body who is engaged in the profession, occupation or business regulated
by such board, commission or body may, in the ordinary course of his or her
business, bid on or enter into a contract with [any governmental]an agency, except
the board, commission or body on which he or she is a member, if the member has
not taken part in developing the contract plans or specifications and the
member will not be personally involved in opening, considering or accepting
offers.

3. A full- or part-time faculty member or
employee of the Nevada System of Higher Education may bid on or enter into a
contract with [a governmental]an agency, or may benefit financially or
otherwise from a contract between [a governmental]an agency and a
private entity, if the contract complies with the policies established by the
Board of Regents of the University of Nevada pursuant to NRS 396.255.

4. [A]Except as otherwise provided in
subsection 2, 3 or 5, a public officer or employee[, other than a public
officer or employee described in subsection 2 or 3,] may
bid on or enter into a contract with [a governmental]an agency if:

(a) The contracting process is controlled by the
rules of open competitive bidding or the rules of open competitive bidding are
not employed as a result of the applicability of NRS 332.112 or 332.148;

(b) The sources of supply are limited;

(c) The public officer or employee has not taken
part in developing the contract plans or specifications; and

(d) The public officer or employee will not be
personally involved in opening, considering or accepting offers.

Κ If a public
officer who is authorized to bid on or enter into a contract with [a
governmental]an
agency pursuant to this subsection is a member of the governing
body of the agency, the public officer, pursuant to the requirements
of NRS 281A.420, shall disclose the public officers interest in the contract
and shall not vote on or advocate the approval of the contract.

requirements of NRS 281A.420, shall disclose the public
officers interest in the contract and shall not vote on or advocate the
approval of the contract.

5. A
member of a local legislative body shall not, either individually or through
any business entity in which the member has a significant pecuniary interest,
sell goods or services to the local agency governed by his or her local
legislative body unless:

(a) The
member, or the business entity in which the member has a significant pecuniary
interest, offers the sole source of supply of the goods or services within the
territorial jurisdiction of the local agency governed by his or her local
legislative body;

(b) The
local legislative body includes in the public notice and agenda for the meeting
at which it will consider the purchase of such goods or services a clear and
conspicuous statement that it is considering purchasing such goods or services
from one of its members, or from a business entity in which the member has a
significant pecuniary interest;

(c) At
the meeting, the member discloses his or her significant pecuniary interest in
the purchase of such goods or services and does not vote upon or advocate the
approval of the matter pursuant to the requirements of NRS 281A.420; and

(d) The
local legislative body approves the purchase of such goods or services in
accordance with all other applicable provisions of law.

6. The
Commission may relieve a public officer or employee from the strict application
of the provisions of this section if:

(a) The
public officer or employee requests an opinion from the Commission pursuant to
subsection 1 of NRS 281A.440; and

(b) The
Commission determines that such relief is not contrary to:

(1) The
best interests of the public;

(2) The
continued ethical integrity of each agency affected by the matter; and

(3) The
provisions of this chapter.

Sec. 43. NRS
281A.440 is hereby amended to read as follows:

281A.440 1. The Commission
shall render an opinion interpreting the statutory ethical standards and apply
the standards to a given set of facts and circumstances within 45 days after
receiving a request, on a form prescribed by the Commission, from a public officer
or employee who is seeking guidance on questions which directly relate to the
propriety of the requesters own past, present or future conduct as [an]a public officer or
employee, unless the public officer or employee waives the time limit. The public
officer or employee may also request the Commission to hold a public hearing
regarding the requested opinion. If a requested opinion relates to the
propriety of the requesters own present or future conduct, the opinion of the
Commission is:

(a) Binding upon the requester as to the
requesters future conduct; and

(b) Final and subject to judicial review pursuant
to NRS 233B.130, except that a proceeding regarding this review must be held in
closed court without admittance of persons other than those necessary to the
proceeding, unless this right to confidential proceedings is waived by the
requester.

2. The Commission may render an opinion
interpreting the statutory ethical standards and apply the standards to a given
set of facts and circumstances:

(b) Except as otherwise provided in this
subsection, upon request from a person, if the requester submits:

(1) The request on a form prescribed by
the Commission; and

(2) All related evidence deemed necessary
by the Executive Director and the investigatory panel to make a determination
of whether there is just and sufficient cause to render an opinion in the
matter.

(c) Upon the Commissions own motion regarding
the propriety of conduct by a public officer or employee. The Commission shall
not initiate proceedings pursuant to this paragraph based solely upon an
anonymous complaint.

Κ The
Commission shall not render an opinion interpreting the statutory ethical
standards or apply those standards to a given set of facts and circumstances if
the request is submitted by a person who is incarcerated in a correctional
facility in this State.

3. Upon receipt of a request for an
opinion by the Commission or upon the motion of the Commission pursuant to
subsection 2, the Executive Director shall investigate the facts and
circumstances relating to the request to determine whether there is just and sufficient
cause for the Commission to render an opinion in the matter. The Executive
Director shall notify the public officer or employee who is the subject of the
request and provide the public officer or employee an opportunity to submit to
the Executive Director a response to the allegations against the public officer
or employee within 30 days after the date on which the public officer or
employee received the notice of the request. The purpose of the response is to
provide the Executive Director with any information relevant to the request
which the public officer or employee believes may assist the Executive Director
and the investigatory panel in conducting the investigation. The public officer
or employee is not required in the response or in any proceeding before the
investigatory panel to assert, claim or raise any objection or defense, in law
or fact, to the allegations against the public officer or employee and no
objection or defense, in law or fact, is waived, abandoned or barred by the
failure to assert, claim or raise it in the response or in any proceeding
before the investigatory panel.

4. The Executive Director shall complete
the investigation and present a written
recommendation relating to just and sufficient cause , including, without limitation, the
specific evidence or reasons that support the recommendation, to
the investigatory panel within 70 days after the receipt of or the motion of
the Commission for the request, unless the public officer or employee waives
this time limit. [If, after the investigation, the Executive Director
determines that there is just and sufficient cause for the Commission to render
an opinion in the matter, the Executive Director shall state such a
recommendation in writing, including, without limitation, the specific evidence
that supports the Executive Directors recommendation. If, after the
investigation, the Executive Director determines that there is not just and
sufficient cause for the Commission to render an opinion in the matter, the
Executive Director shall state such a recommendation in writing, including,
without limitation, the specific reasons for the Executive Directors
recommendation.]

5. Within 15 days after the Executive
Director has provided the [Executive Directors]written recommendation in
the matter to the investigatory panel[,]pursuant to subsection 4, the
investigatory panel shall conclude the investigation and
make a final determination regarding whether there is just and sufficient cause
for the Commission to render an opinion in the matter, unless the public
officer or employee waives this time limit.

conclude the
investigation and make a final determination regarding whether
there is just and sufficient cause for the Commission to render an opinion in
the matter, unless the public officer or employee waives this time limit. The
investigatory panel shall not determine that there is just and sufficient cause
for the Commission to render an opinion in the matter unless the Executive
Director has provided the public officer or employee an opportunity to respond
to the allegations against the public officer or employee as required by
subsection 3. The investigatory panel shall cause a record of its proceedingsin each matterto be kept . [, and such arecord
mustremainconfidentialuntil the investigatory panel
determines whether there is just and sufficient cause forthe Commissionto render an opinionin thematter.]

6. If the investigatory panel determines
that there is just and sufficient cause for the Commission to render an opinion
in the matter, the Commission shall hold a hearing and render an opinion in the
matter within 60 days after the determination of just and sufficient cause by the
investigatory panel, unless the public officer or employee waives this time
limit.

7. Each request for an opinion that a
public officer or employee submits to the Commission pursuant to subsection 1,
each opinion rendered by the Commission in response to such a request and any
motion, determination, evidence or record of a hearing relating to such a
request are confidential unless the public officer or employee who requested
the opinion:

(a) Acts in contravention of the opinion, in
which case the Commission may disclose the request for the opinion, the
contents of the opinion and any motion, evidence or record of a hearing related
thereto;

(b) Discloses the request for the opinion, the
contents of the opinion, or any motion, evidence or record of a hearing related
thereto; or

(c) Requests the Commission to disclose the
request for the opinion, the contents of the opinion, or any motion, evidence
or record of a hearing related thereto.

8. Except as otherwise provided in [this]
subsection[,each document]9, all information, communications, records, documents or
other material in the possession of the Commission or its staff
that is related to a request for an opinion regarding a public officer or
employee submitted to or initiated by the Commission pursuant to subsection 2,
including, without limitation, [the Commissions copy of the request and all materials and
information gathered inaninvestigation of the request, is]the record of the proceedings of
the investigatory panel made pursuant to subsection 5, are confidential
and not public records pursuant to
chapter 239 of NRS until [the]:

(a) The
investigatory panel determines whether there is just and
sufficient cause to render an opinion in the matter[. The] and serves written notice of such a
determination on the public officer or employee who is the subject of the
request for an opinion submitted or initiated pursuant to subsection 2; or

(b) The
public officer or employee who is the subject of a request for an opinion
submitted or initiated pursuant to subsection 2 [may in writing authorize] authorizes the Commission
in writing to make
its [files, material and] information , communications, records, documents or
other material which are related to the request publicly
available[.],

9. Except as otherwise provided in [paragraphs
(a) and (b), the proceedings of the investigatory panel are] this section, the investigative file of
the Commission is confidential . [until] At any time after being served with
written notice of the determination of the investigatory panel [determines
whether there is] regarding the existence of just and
sufficient cause for the
Commission to render an opinion in the matter[. A person who:

(a) Requests
an opinion from the Commission pursuant to paragraph (b) of subsection 2 may:

(1) At
any time, reveal to a third party the alleged conduct of a public officer or
employee underlying the request that the person filed with the Commission or
the substance of testimony, if any, that the person gave before the Commission.

(2) After
the investigatory panel determines whether there is just and sufficient cause
to render an opinion in the matter, reveal to a third party the fact that the
person requested an opinion from the Commission.

(b) Gives
testimony before the Commission may:

(1) At
any time, reveal to a third party the substance of testimony that the person
gave before the Commission.

(2) After
the investigatory panel determines whether there is just and sufficient cause
to render an opinion in the matter, reveal to a third party the fact that the
person gave testimony before the Commission.] , the public officer or employee who is
the subject of the request for an opinion may submit a written discovery
request to the Commission for a copy of any portion of the investigative file
that the Commission intends to present for consideration as evidence in
rendering an opinion in the matter and a list of proposed witnesses. Any
portion of the investigative file which the Commission presents as evidence in
rendering an opinion in the matter becomes a public record as provided in
chapter 239 of NRS.

10. Whenever the Commission holds a
hearing pursuant to this section, the Commission shall:

(a) Notify the person about whom the opinion was
requested of the place and time of the Commissions hearing on the matter;

(b) Allow the person to be represented by
counsel; and

(c) Allow the person to hear the evidence
presented to the Commission and to respond and present evidence on the persons
own behalf.

Κ The
Commissions hearing may be held no sooner than 10 days after the notice is
given unless the person agrees to a shorter time.

11. If a person who is not a party to a
hearing before the Commission, including, without limitation, a person who has
requested an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes
to ask a question of a witness at the hearing, the person must submit the
question to the Executive Director in writing. The Executive Director may
submit the question to the Commission if the Executive Director deems the
question relevant and appropriate. This subsection does not require the
Commission to ask any question submitted by a person who is not a party to the
proceeding.

12. If a person who requests an opinion
pursuant to subsection 1 or 2 does not:

(a) Submit all necessary information to the
Commission; and

(b) Declare by oath or affirmation that the
person will testify truthfully,

13. For good cause shown, the Commission
may take testimony from a person by telephone or video conference.

14. For the purposes of NRS 41.032, the
members of the Commission and its employees shall be deemed to be exercising or
performing a discretionary function or duty when taking an action related to
the rendering of an opinion pursuant to this section.

15. A meeting or hearing that the
Commission or the investigatory panel holds to receive information or evidence
concerning the propriety of the conduct of a public officer or employee
pursuant to this section and the deliberations of the Commission and the
investigatory panel on such information or evidence are not subject to the
provisions of chapter 241 of NRS.

16. For
the purposes of this section, the investigative file of the Commission which
relates to a request for an opinion regarding a public officer or employee
includes, without limitation, any information obtained by the Commission
through any form of communication during the course of an investigation and any
records, documents or other material created or maintained during the course of
an investigation which relate to the public officer or employee who is the
subject of the request for an opinion, regardless of whether such information,
records, documents or other material are obtained by a subpoena.

Sec. 44. NRS
281A.470 is hereby amended to read as follows:

281A.470 1. Any [department,
board, commission or other] state agency [of the State]
or the governing body of a county or an incorporated city may establish a
specialized or local ethics committee to complement the functions of the
Commission. A specialized or local ethics committee may:

(a) Establish a code of ethical standards
suitable for the particular ethical problems encountered in its sphere of
activity. The standards may not be less restrictive than the statutory ethical
standards.

(b) Render an opinion upon the request of any
public officer or employee of its own organization or level seeking an
interpretation of its ethical standards on questions directly related to the
propriety of the public officers or employees own future official conduct or
refer the request to the Commission. Any public officer or employee subject to
the jurisdiction of the committee shall direct the public officers or
employees inquiry to that committee instead of the Commission.

(c) Require the filing of statements of financial
disclosureby public
officers on forms prescribed by the committee or the city clerk if the form has
been:

(1) Submitted, at least 60 days before its
anticipated distribution, to the Secretary of State for review; and

(2) Upon review, approved by the Secretary
of State. The Secretary of State
shall not approve the form unless the form contains all the information
required to be included in a statement of financial disclosure pursuant to NRS
281.571.

2. The Secretary of State is not responsible for the costs of
producing or distributing a form for filing a statement of financial disclosure
pursuant to the provisions of subsection 1.

3. A
specialized or local ethics committee shall not attempt to interpret or render
an opinion regarding the statutory ethical standards.

[3.]4. Each request for an opinion
submitted to a specialized or local ethics committee, each hearing held to
obtain information on which to base an opinion, all
deliberations relating to an opinion, each opinion rendered by a committee and
any motion relating to the opinion are confidential unless:

an opinion, all deliberations relating to an opinion, each
opinion rendered by a committee and any motion relating to the opinion are
confidential unless:

(a) The public officer or employee acts in
contravention of the opinion; or

(b) The requester discloses the content of the
opinion.

Sec. 45. NRS
281A.480 is hereby amended to read as follows:

281A.480 1. In addition to
any other penalties provided by law[,]and in accordance with the provisions of section 27.5 of
this act, the Commission may impose on a public officer or
employee or former public officer or employee civil penalties:

(a) Not to exceed $5,000 for a first willful
violation of this chapter;

(b) Not to exceed $10,000 for a separate act or
event that constitutes a second willful violation of this chapter; and

(c) Not to exceed $25,000 for a separate act or
event that constitutes a third willful violation of this chapter.

2. In addition to any other penalties
provided by law, the Commission may , upon its own motion or upon the motion of the person about whom an
opinion was requested pursuant to NRS 281A.440, impose a civil
penalty not to exceed $5,000 and assess an amount equal to the amount of
attorneys fees and costs actually and reasonably incurred by the person about
whom an opinion was requested pursuant to NRS 281A.440 against a person who
prevents, interferes with or attempts to prevent or interfere with the
discovery or investigation of a violation of this chapter.

3. If the Commission finds that a
violation of a provision of this chapter by a public officer or employee or
former public officer or employee has resulted in the realization of a
financial benefit by the current or former public officer or employee or
another person, the Commission may, in addition to any other penalties provided
by law, require the current or former public officer or employee to pay a civil
penalty of not more than twice the amount so realized.

4. In addition to any other penalties
provided by law, if a proceeding results in an opinion that:

(a) One or more willful violations of this
chapter have been committed by a State Legislator removable from office only
through expulsion by the State Legislators own House pursuant to Section 6 of
Article 4 of the Nevada Constitution, the Commission shall:

(1) If the State Legislator is a member of
the Senate, submit the opinion to the Majority Leader of the Senate or, if the
Majority Leader of the Senate is the subject of the opinion or the person who
requested the opinion, to the President Pro Tempore of the Senate; or

(2) If the State Legislator is a member of
the Assembly, submit the opinion to the Speaker of the Assembly or, if the
Speaker of the Assembly is the subject of the opinion or the person who
requested the opinion, to the Speaker Pro Tempore of the Assembly.

(b) One or more willful violations of this
chapter have been committed by a state officer removable from office only
through impeachment pursuant to Article 7 of the Nevada Constitution, the
Commission shall submit the opinion to the Speaker of the Assembly and the
Majority Leader of the Senate or, if the Speaker of the Assembly or the
Majority Leader of the Senate is the person who requested the opinion, to the
Speaker Pro Tempore of the Assembly or the President Pro Tempore of the Senate,
as appropriate.

(c) One or more willful violations of this
chapter have been committed by a public officer other than a public officer
described in paragraphs (a) and (b), the willful violations shall be deemed to
be malfeasance in office for the purposes of NRS 283.440 and the Commission:

(1) May file a complaint in the
appropriate court for removal of the public officer pursuant to NRS 283.440
when the public officer is found in the opinion to have committed fewer than
three willful violations of this chapter.

(2) Shall file a complaint in the
appropriate court for removal of the public officer pursuant to NRS 283.440
when the public officer is found in the opinion to have committed three or more
willful violations of this chapter.

Κ This
paragraph grants an exclusive right to the Commission, and no other person may
file a complaint against the public officer pursuant to NRS 283.440 based on
any violation found in the opinion.

5. [An action taken]Notwithstanding any other
provision of this chapter, any act or failure to act by a public
officer or employee or former public officer or employee relating to this
chapter is not a willful violation of [a provision ofthose sections]this chapter if the public
officer or employee establishes by sufficient evidence that :[the public officer or
employee satisfied all of the following requirements:]

(a) The public officer or employee relied in good
faith upon the advice of the legal counsel retained by [the]his or her public
body[which
the public officer representsor by the], agency or employer ;[of the public employeeor upon the manual published by the Commission pursuant to NRS 281A.290;

(b) The
public officer or employee was unable, through no fault of the public officer
or employee, to obtain an opinion from the Commission before the action was
taken;] and

[(c)](b) The act or failure to act by the public officer or
employee [took action that] was not contrary to a
prior published opinion issued by the Commission.

6. In addition to any other penalties
provided by law, a public employee who commits a willful violation of this
chapter is subject to disciplinary proceedings by the employer of the public
employee and must be referred for action in accordance to the applicable
provisions governing the employment of the public employee.

7. The provisions of this chapter do not
abrogate or decrease the effect of the provisions of the Nevada Revised
Statutes which define crimes or prescribe punishments with respect to the
conduct of public officers or employees. If the Commission finds that a public
officer or employee has committed a willful violation of this chapter which it
believes may also constitute a criminal offense, the Commission shall refer the
matter to the Attorney General or the district attorney, as appropriate, for a
determination of whether a crime has been committed that warrants prosecution.

8. The imposition of a civil penalty
pursuant to subsection 1, 2 or 3 is a final decision for the purposes of
judicial review pursuant to NRS 233B.130.

9. A finding by the Commission that a
public officer or employee has violated any provision of this chapter must be
supported by a preponderance of the evidence unless a greater burden is
otherwise prescribed by law.

281A.500 1. On or before the date on which a public
officer swears or affirms the oath of office, the public officer must be
informed of the statutory ethical standards and the duty to file an acknowledgment
of the statutory ethical standards in accordance with this section by:

(a) For
an appointed public officer, the appointing authority of the public officer;
and

(b) For
an elected public officer of:

(1) The
county and other political subdivisions within the county except cities, the
county clerk;

(2) The
city, the city clerk;

(3) The
Legislative Department of the State Government, the Director of the Legislative
Counsel Bureau; and

(4) The
Executive Department of the State Government, the Director of the Department of
Administration, or his or her designee.

2. Within
30 days after a public employee begins employment:

(a) The
Director of the Department of Administration, or his or her designee, shall
provide each new public employee of a state agency with the information
prepared by the Commission concerning the statutory ethical standards; and

(b) The
manager of each local agency, or his or her designee, shall provide each new
public employee of the local agency with the information prepared by the
Commission concerning the statutory ethical standards.

3. Each
public officer shall acknowledge that the public officer:

(a) Has received, read and understands the
statutory ethical standards; and

(b) Has a responsibility to inform himself or
herself of any amendments to the statutory ethical standards as soon as
reasonably practicable after each session of the Legislature.

[2.] 4. The acknowledgment must be
executed on a form prescribed by the Commission and must be filed with the Commission:

(a) If the public officer is elected to office at
the general election, on or before January 15 of the year following the public
officers election.

(b) If the public officer is elected to office at
an election other than the general election or is appointed to office, on or
before the 30th day following the date on which the public officer [takes]swears or affirms the oath of office.

[3.] 5. Except as otherwise provided
in this subsection, a public officer shall execute and file the acknowledgment
once for each term of office. If the public officer serves at the pleasure of
the appointing authority and does not have a definite term of office, the
public officer, in addition to executing and filing the acknowledgment after
the public officer [takes]swears or affirms the oath of office in
accordance with subsection [2,]4, shall execute and file the acknowledgment
on or before January 15 of each even-numbered year while the public officer
holds that office.

[4.] 6. For the purposes of this section,
the acknowledgment is timely filed if, on or before the last day for filing,
the acknowledgment is filed in one of the following ways:

(a) Delivered in person to the principal office
of the Commission in Carson City.

(b) Mailed to the Commission by first-class mail,
or other class of mail that is at least as expeditious, postage prepaid. Filing
by mail is complete upon timely depositing the acknowledgment with the United
States Postal Service.

(c) Dispatched to a third-party commercial
carrier for delivery to the Commission within 3 calendar days. Filing by
third-party commercial carrier is complete upon timely depositing the
acknowledgment with the third-party commercial carrier.

[5.](d) Transmitted to the Commission by facsimile machine
or other electronic means authorized by the Commission. Filing by facsimile
machine or other electronic means is complete upon receipt of the transmission
by the Commission.

7. The
form for making the acknowledgment must contain:

(a) The address of the Internet website of the
Commission where a public officer may view the statutory ethical standards and
print a [hard] copy[;] of the standards; and

(b) The telephone number and mailing address of
the Commission where a public officer may make a request to obtain a [hard] printed copy of the
statutory ethical standards from the Commission.

[6.] 8. Whenever the Commission, or
any public officer or employee as part of the public officers or employees
official duties, provides a public officer with a [hard] printed copy of the form
for making the acknowledgment, a [hard] printed copy of the
statutory ethical standards must be included with the form.

[7.] 9. The Commission shall retain
each acknowledgment filed pursuant to this section for 6 years after the date
on which the acknowledgment was filed.

[8.] 10. Willful refusal to execute
and file the acknowledgment required by this section shall be deemed to be:

(a) A willful violation of this chapter for the
purposes of NRS 281A.480; and

(b) Nonfeasance in office for the purposes of NRS
283.440 and, if the public officer is removable from office pursuant to NRS
283.440, the Commission may file a complaint in the appropriate court for
removal of the public officer pursuant to that section. This paragraph grants
an exclusive right to the Commission, and no other person may file a complaint
against the public officer pursuant to NRS 283.440 based on any violation of
this section.

[9.] 11. As used in this section,
general election has the meaning ascribed to it in NRS 293.060.

Secs. 47-56.5. (Deleted by amendment.)

Sec. 57. NRS
245.075 is hereby amended to read as follows:

245.075 1. Except as
otherwise provided in NRS 281.230, 281A.430[, 281A.530]
and 332.800, it is unlawful for any county officer , directly or indirectly, to be interested in
any contract made by the county officer or to be a purchaser or [be]
interested in any purchase of a sale made by the county officer in the
discharge of his or her official duties.

2. Any contract made in violation of [subsection
1]this
section may be declared void at the instance of the county
interested or of any other person interested in the contract except the officer
prohibited from making or being interested in the contract.

3. Any person [violating]who violates this
section[,
directly or indirectly,] is guilty of a gross misdemeanor
and shall forfeit his or her office.

Sec. 58. NRS
268.384 is hereby amended to read as follows:

268.384 1. Except as
otherwise provided in NRS 281.230, 281A.430[, 281A.530]
and 332.800, it is unlawful for any city officer , directly or indirectly, to be interested in
any contract made by the city officer[,]
or to be a purchaser or interested[, directly or indirectly,] in any
purchase of a sale made by the city officer in the discharge of his or her official
duties.

2. Any person [violating]who violates this
section is guilty of a gross misdemeanor and shall forfeit his or her office.

Sec. 59. NRS
269.071 is hereby amended to read as follows:

269.071 1. [It]Except as otherwise provided in
NRS 281.230, 281A.430 and 332.800, it is unlawful for any member
of a town board or board of county commissioners acting for any town to become
a contractor under any contract or order for supplies or any other kind of
contract authorized by or for the board of which he or she is a member, or to
be interested, directly or indirectly, as principal[,]
in any kind of contract so authorized.

2. Any person [violating subsection 1]who violates this section is
guilty of a gross misdemeanor and shall forfeit his or her office.

Sec. 60. NRS
269.072 is hereby amended to read as follows:

269.072 1. [It]Except as otherwise provided in
NRS 281.230, 281A.430 and 332.800, it is unlawful for any town
officer, directly or indirectly, to be interested in any contract made by the
town officer[,]
or to be a purchaser
or [be] interested in any purchase under a
sale made by the town officer in the discharge of his or her official duties.

2. Any person [violating subsection 1]who violates this section is
guilty of a gross misdemeanor and shall forfeit his or her office.

Sec. 61. NRS
332.800 is hereby amended to read as follows:

332.800 1. Except as
otherwise provided in NRS 281.230[,]and 281A.430 ,[and 281A.530,]
a member of the governing body may not be interested, directly or indirectly,
in any contract entered into by the governing body, but the governing body may
purchase supplies, not to exceed $1,500 in the aggregate in any 1 calendar
month , from a
member of such governing body[,]
when not to do so would be of great inconvenience due to a lack of any other
local source.

2. An evaluator may not be interested,
directly or indirectly, in any contract awarded by such governing body or its
authorized representative.

3. A member of a governing body who
furnishes supplies in the manner permitted by subsection 1 may not vote on the
allowance of the claim for such supplies.

4. A [violation of]person who violates this
section is guilty of a
misdemeanor and, in the case of a member of a governing body, a violation is cause for
removal from office.

2. Sections 16.3, 16.5, 24.5, 32.3, 40.5, 42.5
and 57 to 62, inclusive, of this act become effective on January 1, 2014.

________

κ2013
Statutes of Nevada, Page 3787κ

CHAPTER 552, SB 280

Senate Bill No. 280Senator Kihuen

CHAPTER 552

[Approved:
June 13, 2013]

AN ACT relating to
common-interest communities; authorizing the establishment of an impound
account for the payment of assessments under certain circumstances; revising
provisions governing the collection of past due financial obligations owed to
an association; revising provisions governing the foreclosure of an
associations lien by sale; requiring an association to provide a statement
concerning certain amounts due to the association under certain circumstances;
authorizing an association to charge a fee for such a statement; and providing
other matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, a homeowners association has a lien
on a unit for certain amounts due to the association. (NRS 116.3116) Existing
law authorizes the association to foreclose its lien by sale and prescribes the
procedures for such a foreclosure. (NRS 116.31162-116.31168)

Section 7 of this bill authorizes the
establishment of an impound account for advance contributions for the payment
of assessments. Under section 8 of this bill, not earlier than 60 days
after a units owner becomes delinquent on a payment owed to the association
and before the association mails a notice of delinquent assessment or takes any
other action to collect a past due obligation, the association must mail a
notice to the units owner setting forth the fees that may be charged if the
units owner fails to pay the past due obligation, a proposed repayment plan
and certain information concerning the procedure for requesting a hearing
before the executive board.

Section 11 of this bill authorizes a units owner,
the authorized agent of a units owner or the holder of a security interest on
the unit to request from the association a statement concerning certain amounts
owed to the association. Under section 11, the association may charge
certain fees for such a statement. Section 11 also revises provisions
governing the resale package provided to a prospective purchaser of a unit and
authorizes the association to charge a fee for providing in electronic format
certain documents related to the resale package.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Sections 1-6. (Deleted by amendment.)

Sec. 7. NRS
116.3116 is hereby amended to read as follows:

116.3116 1. The association
has a lien on a unit for any construction penalty that is imposed against the
units owner pursuant to NRS 116.310305, any assessment levied against that
unit or any fines imposed against the units owner from the time the
construction penalty, assessment or fine becomes due. Unless the declaration
otherwise provides, any penalties, fees, charges, late charges, fines and
interest charged pursuant to paragraphs (j) to (n), inclusive, of subsection 1
of NRS 116.3102 are enforceable as assessments under this section. If an
assessment is payable in installments, the full amount of
the assessment is a lien from the time the first installment thereof becomes
due.

in installments, the full amount of the assessment is a lien
from the time the first installment thereof becomes due.

2. A lien under this section is prior to
all other liens and encumbrances on a unit except:

(a) Liens and encumbrances recorded before the
recordation of the declaration and, in a cooperative, liens and encumbrances
which the association creates, assumes or takes subject to;

(b) A first security interest on the unit
recorded before the date on which the assessment sought to be enforced became
delinquent or, in a cooperative, the first security interest encumbering only
the units owners interest and perfected before the date on which the
assessment sought to be enforced became delinquent; and

(c) Liens for real estate taxes and other
governmental assessments or charges against the unit or cooperative.

Κ The lien is also
prior to all security interests described in paragraph (b) to the extent of any
charges incurred by the association on a unit pursuant to NRS 116.310312 and to
the extent of the assessments for common expenses based on the periodic budget
adopted by the association pursuant to NRS 116.3115 which would have become due
in the absence of acceleration during the 9 months immediately preceding institution
of an action to enforce the lien, unless federal regulations adopted by the
Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association require a shorter period of priority for the lien. If federal
regulations adopted by the Federal Home Loan Mortgage Corporationor the Federal National
Mortgage Associationrequire
a shorter period of priority for the lien, the period during which the lien is
prior to all security interests described in paragraph (b) must be determined
in accordance with those federal regulations, except that notwithstanding the
provisions of the federal regulations, the period of priority for the lien must
not be less than the 6 months immediately preceding institution of an action to
enforce the lien. This subsection doesnot affect the priority of mechanics or
materialmens liens, or the priority of liens for other assessments made by the
association.

3. The
holder of the security interest described in paragraph (b) of subsection 2 or the holders authorized agent may
establish an escrow account, loan trust account or other impound account for
advance contributions for the payment of assessments for common expenses based
on the periodic budget adopted by the association pursuant to NRS 116.3115 if
the units owner and the holder of that security interest consent to the
establishment of such an account. If such an account is established, payments
from the account for assessments for common expenses must be made in accordance
with the same due dates as apply to payments of such assessments by a units
owner.

4. Unless the declaration
otherwise provides, if two or more associations have liens for assessments
created at any time on the same property, those liens have equal priority.

[4.]5. Recording of the declaration
constitutes record notice and perfection of the lien. No further recordation of
any claim of lien for assessment under this section is required.

[5.]6. A lien for unpaid assessments
is extinguished unless proceedings to enforce the lien are instituted within 3
years after the full amount of the assessments becomes due.

[6.]7. This section does not prohibit
actions to recover sums for which subsection 1 creates a lien or prohibit an
association from taking a deed in lieu of foreclosure.

[7.]8. A judgment or decree in any
action brought under this section must include costs and reasonable attorneys
fees for the prevailing party.

[8.]9. The association, upon written
request, shall furnish to a units owner a statement setting forth the amount
of unpaid assessments against the unit. If the interest of the units owner is
real estate or if a lien for the unpaid assessments may be foreclosed under NRS
116.31162 to 116.31168, inclusive, the statement must be in recordable form.
The statement must be furnished within 10 business days after receipt of the
request and is binding on the association, the executive board and every units
owner.

[9.]10. In a cooperative, upon
nonpayment of an assessment on a unit, the units owner may be evicted in the
same manner as provided by law in the case of an unlawful holdover by a
commercial tenant, and:

(a) In a cooperative where the owners interest
in a unit is real estate under NRS 116.1105, the associations lien may be
foreclosed under NRS 116.31162 to 116.31168, inclusive.

(b) In a cooperative where the owners interest
in a unit is personal property under NRS 116.1105, the associations lien:

(1) May be foreclosed as a security
interest under NRS 104.9101 to 104.9709, inclusive; or

(2) If the declaration so provides, may be
foreclosed under NRS 116.31162 to 116.31168, inclusive.

[10.]11. In an action by an
association to collect assessments or to foreclose a lien created under this
section, the court may appoint a receiver to collect all rents or other income
from the unit alleged to be due and owing to a units owner before commencement
or during pendency of the action. The receivership is governed by chapter 32 of
NRS. The court may order the receiver to pay any sums held by the receiver to
the association during pendency of the action to the extent of the
associations common expense assessments based on a periodic budget adopted by
the association pursuant to NRS 116.3115.

Sec. 8. NRS
116.31162 is hereby amended to read as follows:

116.31162 1. Except as
otherwise provided in subsection [4,]5, in a condominium, in a
planned community, in a cooperative where the owners interest in a unit is
real estate under NRS 116.1105, or in a cooperative where the owners interest
in a unit is personal property under NRS 116.1105 and the declaration provides
that a lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the
association may foreclose its lien by sale after all of the following occur:

(a) The association has mailed by certified or
registered mail, return receipt requested, to the units owner or his or her
successor in interest, at his or her address, if known, and at the address of
the unit, a notice of delinquent assessment which states the amount of the
assessments and other sums which are due in accordance with subsection 1 of NRS
116.3116, a description of the unit against which the lien is imposed and the
name of the record owner of the unit.

(b) Not less than 30 days after mailing the
notice of delinquent assessment pursuant to paragraph (a), the association or
other person conducting the sale has executed and caused to be recorded, with
the county recorder of the county in which the common-interest community or any
part of it is situated, a notice of default and election
to sell the unit to satisfy the lien which must contain the same information as
the notice of delinquent assessment and which must also comply with the
following:

of it is situated, a notice of default and election to sell
the unit to satisfy the lien which must contain the same information as the
notice of delinquent assessment and which must also comply with the following:

(1) Describe the deficiency in payment.

(2) State the name and address of the
person authorized by the association to enforce the lien by sale.

(3) Contain, in 14-point bold type, the
following warning:

WARNING! IF YOU FAIL TO PAY THE
AMOUNT SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT
IS IN DISPUTE!

(c) The units owner or his or her successor in
interest has failed to pay the amount of the lien, including costs, fees and
expenses incident to its enforcement, for 90 days following the recording of
the notice of default and election to sell.

2. The notice of default and election to
sell must be signed by the person designated in the declaration or by the
association for that purpose or, if no one is designated, by the president of
the association.

3. The period of 90 days begins on the
first day following:

(a) The date on which the notice of default is
recorded; or

(b) The date on which a copy of the notice of
default is mailed by certified or registered mail, return receipt requested, to
the units owner or his or her successor in interest at his or her address, if
known, and at the address of the unit,

Κ whichever
date occurs later.

4. An association may not mail to a units owner or his or her
successor in interest a letter of its intent to mail a notice of delinquent
assessment pursuant to paragraph (a) of subsection 1, mail the notice of
delinquent assessment or take any other action to collect a past due obligation
from a units owner or his or her successor in interest unless, not earlier
than 60 days after the obligation becomes past due, the association mails to
the address on file for the units owner:

(a) A
schedule of the fees that may be charged if the units owner fails to pay the
past due obligation;

(b) A
proposed repayment plan; and

(c) A
notice of the right to contest the past due obligation at a hearing before the
executive board and the procedures for requesting such a hearing.

5. The
association may not foreclose a lien by sale based on a fine or penalty for a
violation of the governing documents of the association unless:

(a) The violation poses an imminent threat of
causing a substantial adverse effect on the health, safety or welfare of the
units owners or residents of the common-interest community; or

(b) The penalty is imposed for failure to adhere
to a schedule required pursuant to NRS 116.310305.

Sec. 9. NRS
116.311635 is hereby amended to read as follows:

116.311635 1. The association
or other person conducting the sale shall also, after the expiration of the 90
days and before selling the unit:

(a) Give notice of the time and place of the sale
in the manner and for a time not less than that required by law for the sale of
real property upon execution, except that in lieu of
following the procedure for service on a judgment debtor pursuant to NRS
21.130, service must be made on the units owner as follows:

execution, except that in lieu of following the procedure for
service on a judgment debtor pursuant to NRS 21.130, service must be made on
the units owner as follows:

(1) A copy of the notice of sale must be
mailed, on or before the date of first publication or posting, by certified or
registered mail, return receipt requested, to the units owner or his or her
successor in interest at his or her address, if known, and to the address of
the unit; and

(2) A copy of the notice of sale must be
served, on or before the date of first publication or posting, in the manner
set forth in subsection 2; and

(b) Mail, on or before the date of first
publication or posting, a copy of the notice by [first-class mail]certified or registered mail,
return receipt requested, to:

(1) Each person entitled to receive a copy
of the notice of default and election to sell notice under NRS 116.31163;

(2) The holder of a recorded security
interest or the purchaser of the unit, if either of them has notified the
association, before the mailing of the notice of sale, of the existence of the
security interest, lease or contract of sale, as applicable; and

(3) The Ombudsman.

2. In addition to the requirements set
forth in subsection 1, a copy of the notice of sale must be served:

(a) By a person who is 18 years of age or older
and who is not a party to or interested in the sale by personally delivering a
copy of the notice of sale to an occupant of the unit who is of suitable age;
or

(b) By posting a copy of the notice of sale in a
conspicuous place on the unit.

3. Any copy of the notice of sale required
to be served pursuant to this section must include:

(a) The amount necessary to satisfy the lien as
of the date of the proposed sale; and

(b) The following warning in 14-point bold type:

WARNING! A SALE OF YOUR PROPERTY IS
IMMINENT! UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE SALE
DATE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE. YOU MUST ACT
BEFORE THE SALE DATE. IF YOU HAVE ANY QUESTIONS, PLEASE CALL (name and
telephone number of the contact person for the association). IF YOU NEED
ASSISTANCE, PLEASE CALL THE FORECLOSURE SECTION OF THE OMBUDSMANS OFFICE,
NEVADA REAL ESTATE DIVISION, AT (toll-free telephone number designated by the
Division) IMMEDIATELY.

4. Proof of service of any copy of the
notice of sale required to be served pursuant to this section must consist of:

(a) A certificate of mailing which evidences that
the notice was mailed through the United States Postal Service; or

(b) An affidavit of service signed by the person
who served the notice stating:

(1) The time of service, manner of service
and location of service; and

(2) The name of the person served or, if
the notice was not served on a person, a description of the location where the
notice was posted on the unit.

Sec. 10. (Deleted
by amendment.)

Sec. 11. NRS
116.4109 is hereby amended to read as follows:

116.4109 1. Except in the
case of a sale in which delivery of a public offering statement is required, or
unless exempt under subsection 2 of NRS 116.4101, a units owner or his or her
authorized agent shall, at the expense of the units owner, furnish to a
purchaser a resale package containing all of the following:

(a) A copy of the declaration, other than any
plats, the bylaws, the rules or regulations of the association and the
information statement required by NRS 116.41095.

(b) A statement from the association setting
forth the amount of the monthly assessment for common expenses and any unpaid
obligation of any kind, including, without limitation, management fees,
transfer fees, fines, penalties, interest, collection costs, foreclosure fees
and attorneys fees currently due from the selling units owner. [The
statement remains effective for the period specified in the statement, which
must not be less than 15 working days from the date of delivery by the
association to the units owner or his or her agent. If the association becomes
aware of an error in the statement during the period in which the statement is
effective but before the consummation of the resale, the association must
deliver a replacement statement to the units owner or his or her agent and
obtain an acknowledgment in writing by the units owner or his or her agent
before that consummation. Unless the units owner or his or her agent receives
a replacement statement, the units owner or his or her agent may rely upon the
accuracy of the information set forth in a statement provided by the
association for the resale.]

(c) A copy of the current operating budget of the
association and current year-to-date financial statement for the association,
which must include a summary of the reserves of the association required by NRS
116.31152 and which must include, without limitation, a summary of the
information described in paragraphs (a) to (e), inclusive, of subsection 3 of
NRS 116.31152.

(d) A statement of any unsatisfied judgments or
pending legal actions against the association and the status of any pending
legal actions relating to the common-interest community of which the units
owner has actual knowledge.

(e) A statement of any transfer fees, transaction
fees or any other fees associated with the resale of a unit.

(f) In addition to any other document, a
statement describing all current and expected fees or charges for each unit,
including, without limitation, association fees, fines, assessments, late
charges or penalties, interest rates on delinquent assessments, additional
costs for collecting past due fines and charges for opening or closing any file
for each unit.

2. The purchaser may, by written notice,
cancel the contract of purchase until midnight of the fifth calendar day
following the date of receipt of the resale package described in subsection 1,
and the contract for purchase must contain a provision to that effect. If the
purchaser elects to cancel a contract pursuant to this subsection, the
purchaser must hand deliver the notice of cancellation to the units owner or
his or her authorized agent or mail the notice of
cancellation by prepaid United States mail to the units owner or his or her
authorized agent.

notice of cancellation by prepaid United States mail to the
units owner or his or her authorized agent. Cancellation is without penalty,
and all payments made by the purchaser before cancellation must be refunded
promptly. If the purchaser has accepted a conveyance of the unit, the purchaser
is not entitled to:

(a) Cancel the contract pursuant to this
subsection; or

(b) Damages, rescission or other relief based
solely on the ground that the units owner or his or her authorized agent
failed to furnish the resale package, or any portion thereof, as required by
this section.

3. Within 10 days after receipt of a
written request by a units owner or his or her authorized agent, the
association shall furnish all of the following to the units owner or his or
her authorized agent for inclusion in the resale package:

(a) Copies of the documents required pursuant to
paragraphs (a) and (c) of subsection 1; and

(b) A certificate containing the information
necessary to enable the units owner to comply with paragraphs (b), (d), (e)
and (f) of subsection 1.

4. If the association furnishes the
documents and certificate pursuant to subsection 3:

(a) The units owner or his or her authorized
agent shall include the documents and certificate in the resale package
provided to the purchaser, and neither the units owner nor his or her
authorized agent is liable to the purchaser for any erroneous information
provided by the association and included in the documents and certificate.

(b) The association may charge the units owner a
reasonable fee to cover the cost of preparing the certificate furnished
pursuant to subsection 3. Such a fee must be based on the actual cost the
association incurs to fulfill the requirements of this section in preparing the
certificate. The Commission shall adopt regulations establishing the maximum amount
of the fee that an association may charge for preparing the certificate.

(c) The other documents furnished pursuant to
subsection 3 must be provided in electronic format [at no charge]
to the units owner .[or, if]The association may charge the units owner a fee, not to
exceed $20, to provide such documents in electronic format. If the
association is unable to provide such documents in electronic format, the
association may charge the units owner a reasonable fee, not to exceed 25
cents per page for the first 10 pages, and 10 cents per page thereafter, to
cover the cost of copying.

(d) Except for the fees allowed pursuant to
paragraphs (b) and (c), the association may not charge the units owner any
other fees for preparing or furnishing the documents and certificate pursuant
to subsection 3.

5. Neither a purchaser nor the purchasers
interest in a unit is liable for any unpaid assessment or fee greater than the
amount set forth in the documents and certificate prepared by the association.
If the association fails to furnish the documents and certificate within the 10
days allowed by this section, the purchaser is not liable for the delinquent
assessment.

6. Upon the request of a units owner or
his or her authorized agent, or upon the request of a purchaser to whom the
units owner has provided a resale package pursuant to this section or his or
her authorized agent, the association shall make the entire study of the
reserves of the association which is required by NRS 116.31152 reasonably
available for the units owner, purchaser or authorized agent to inspect,
examine, photocopy and audit. The study must be made available at the business
office of the association or some other suitable location
within the county where the common-interest community is situated or, if it is
situated in more than one county, within one of those counties.

association or some other suitable location within the county
where the common-interest community is situated or, if it is situated in more
than one county, within one of those counties.

7. A
units owner, the authorized agent of the units owner
or the holder of a security interest on the
unit may request a
statement of demand from the association. Not later than 10 days after receipt
of a written request from the units owner, the
authorized agent of the units owner or the
holder of a security interest on the unit for a statement of demand, the association shall furnish a
statement of demand to the person who requested
the statement. The
association may charge a fee of not more than $150 to prepare and furnish a
statement of demand pursuant to this subsection and an additional fee of not
more than $100 to furnish a statement of demand within 3 days after receipt of
a written request for a statement of demand. The statement of demand:

(a) Must
set forth the amount of the monthly assessment for common expenses and any
unpaid obligation of any kind, including, without limitation, management fees,
transfer fees, fines, penalties, interest, collection costs, foreclosure fees
and attorneys fees currently due from the selling units owner; and

(b) Remains
effective for the period specified in the statement of demand, which must not
be less than 15 business days after the date of delivery by the association to
the units owner, the authorized agent of the units owner or the holder of a security interest on the unit, whichever
is applicable.

8. If
the association becomes aware of an error in a statement of demand furnished
pursuant to subsection 7 during the period in which the statement of demand is
effective but before the consummation of a resale for which a resale package
was furnished pursuant to subsection 1, the association must deliver a
replacement statement of demand to the person who requested the statement of demand.
Unless the person who requested the statement of demand
receives a replacement statement of demand, the person
may rely upon the
accuracy of the information set forth in the statement of demand provided by
the association for the resale. Payment of the amount set forth in the
statement of demand constitutes full payment of the amount due from the selling
units owner.

________

κ2013
Statutes of Nevada, Page 3795κ

CHAPTER 553, AB 499

Assembly Bill No. 499Committee on Judiciary

CHAPTER 553

[Approved:
June 13, 2013]

AN ACT relating to
statutes; ratifying certain technical corrections made to sections of NRS;
correcting the effective dates of certain provisions; correcting and clarifying
certain provisions and repealing certain provisions of Statutes of Nevada; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

Section 1 of this bill corrects an error in
chapter 504, Statutes of Nevada 2009 (S.B. 394), at page 3076, which provides
for the licensing of dealers, manufacturers and lessors of off-highway
vehicles. Section 58.8 of S.B. 394, which was added to that bill by chapter 28,
Statutes of Nevada 2011 (A.B. 464), at page 125, amended section 28 of S.B. 394
(codified as NRS 490.210), at page 3090, to cause a reference to the social
security number of an applicant for such a license to expire by limitation upon
the repeal of certain federal requirements relating to the enforcement of child
support. However, section 58.8 of S.B. 394 inadvertently failed to cause two
related references to section 24 of S.B. 394 (codified as NRS 490.330), at page
3088, which also expires by limitation upon the repeal of those federal
requirements, to expire at the same time. To correct this technical error,
section 58.8 of S.B. 394 has been revised as necessary to cause those
references to section 24 of S.B. 394 to expire by limitation upon the repeal of
those federal requirements.

Section 2 of this bill corrects an error in
chapter 100, Statutes of Nevada 2011 (S.B. 74), at page 437. Although S.B. 74
changed the designation of the Fund for Renewable Energy, Energy Efficiency and
Energy Conservation Loans to the Account for Renewable Energy, Energy
Efficiency and Energy Conservation Loans, S.B. 74 inadvertently failed to
account for NRS 701.565, which defined the term Fund for the purposes of the
subhead of NRS relating to the former Fund for Renewable Energy, Energy
Efficiency and Energy Conservation Loans. To correct this technical error, S.B.
74 has been revised as necessary to repeal NRS 701.565.

Section 3 of this bill corrects an error in
chapter 113, Statutes of Nevada 2011 (A.B. 73), at page 503. Although section 5
of A.B. 73 (codified as NRS 535.035), at page 507, authorizes the State
Engineer to enter any land where a dam is situated to carry out his or her
duties regarding dams, A.B. 73 inadvertently failed to amend accordingly NRS
535.040, which provides that the performance by the State Engineer of similar
duties under other statutes does not constitute a warranty concerning the
impounded water. To correct this technical error, A.B. 73 has been revised as
necessary to include an appropriate reference to section 5 of A.B. 73 in NRS
535.040.

Section 4 of this bill corrects errors in chapter
156, Statutes of Nevada 2011 (A.B. 213), at page 714, which provides for the
issuance by the Nevada Gaming Commission of a preliminary finding of
suitability. In particular:

1. Section 2 of A.B. 213, at page 715, which
amended subsection 2 of NRS 463.310 to authorize the State Gaming Control Board
to initiate a hearing before the Commission to limit, condition, suspend or
revoke such a preliminary finding of suitability or to fine a person or entity
found preliminarily suitable, inadvertently failed to amend that section to
authorize the Commission to take those actions. To correct this technical
error, section 2 of A.B. 213 has been amended as necessary to include that
authority in the provisions of subsections 4 and 6 of NRS 463.310.

2. A.B. 213
inadvertently failed to amend NRS 463.339, which requires an applicant for
licensing, registration, a finding of suitability or any other required
approval or consent to make a full informational disclosure to the Board and
the Commission, to require an applicant for a preliminary finding of
suitability to make the same disclosure. A.B. 213 has therefore been revised as
necessary to require that disclosure.

Section 5 of this bill
corrects an error in chapter 194, Statutes of Nevada 2011 (S.B. 196), at page
878. S.B. 196, which repealed the prospective expiration of the Program of
Empowerment Schools (NRS 386.700-386.780), inadvertently failed to repeal the
prospective expiration of certain amendments to the provisions of that Program
that are not intended to expire. To correct this technical error, S.B. 196 has
been amended as necessary to repeal the prospective expiration of sections 23
and 25 of chapter 422, Statutes of Nevada 2009, at pages 2327 and 2330,
respectively, which amended NRS 386.730 and 386.740, respectively.

Section 6 of this bill
corrects an error in chapter 252, Statutes of Nevada 2011 (S.B. 190), at page
1084, which provides for the licensure of music therapists. Section 14 of S.B.
190 (codified as NRS 640D.120), at page 1087, which was included in that bill
to comply with certain federal requirements relating to the enforcement of
child support and was intended to expire by limitation 2 years after the repeal
of those federal requirements, was inadvertently not made to expire. To correct
this technical error, section 35 of S.B. 190, at page 1100, which contains the
effective dates for the provisions of S.B. 190, has been amended as necessary
to cause section 14 of that bill to expire at the appropriate time.

Section 7 of this bill
corrects an error in chapter 273, Statutes of Nevada 2011 (A.B. 289), at page
1497, which provides for the licensure of dietitians. Section 26 of A.B. 289
(codified as NRS 640E.200), at page 1503, which was included in that bill to
comply with certain federal requirements relating to the enforcement of child
support and was intended to expire by limitation 2 years after the repeal of
those federal requirements, was inadvertently not made to expire. To correct
this technical error, section 65 of A.B. 289, at page 1522, which contains the
effective dates for the provisions of A.B. 289, has been amended as necessary
to cause section 26 of that bill to expire at the appropriate time.

1. Although NRS
338.515, as amended by section 1 of A.B. 413, at page 1619, sets specific
limits on the amounts of retainage which may be withheld by a public body from
a contractor on a public works project, A.B. 413 inadvertently failed to amend
accordingly NRS 338.525, which authorizes the public body to withhold a
reasonable amount to cover the contractors failure to comply with the contract
or an applicable building code, law or regulation. To correct this technical
error, A.B. 413 has been revised as necessary to clarify the application of the
specific requirements of NRS 338.515 to the more general provisions of NRS
338.525.

2. Although
NRS 338.555, as amended by section 3 of A.B. 413, at page 1622, sets specific
limits on the amounts of retainage which may be withheld by a contractor from a
subcontractor on a public works project, A.B. 413 inadvertently failed to amend
accordingly NRS 338.560, which authorizes the contractor to withhold a
reasonable amount to cover the subcontractors failure to comply with the
subcontract or an applicable building code, law or regulation. To correct this
technical error, A.B. 413 has been revised as necessary to clarify the
application of the specific requirements of NRS 338.555 to the more general
provisions of NRS 338.560.

3. Although NRS
338.595, as amended by section 5 of A.B. 413, at page 1623, sets specific
limits on the amounts of retainage which may be withheld by a subcontractor
from another subcontractor or a supplier on a public works project, A.B. 413
inadvertently failed to amend accordingly NRS 338.600, which authorizes the
subcontractor to withhold a reasonable amount to cover the other
subcontractors or suppliers failure to comply with the subcontract or an
applicable building code, law or regulation. To correct this technical error,
A.B. 413 has been revised as necessary to clarify the application of the
specific requirements of NRS 338.595 to the more general provisions of NRS
338.600.

Section 9 of this bill corrects an error in
chapter 309, Statutes of Nevada 2011 (A.B. 452), at page 1697. Sections 28 and
29 of A.B. 452, at pages 1728 and 1729, respectively, amended former NRS
281A.600 and 281A.610 (now NRS 281.559 and 281.561), respectively, to require
certain public officers and candidates for public office to file statements of
financial disclosure electronically. Although section 23 of A.B. 452 (codified
as NRS 281.572), at page 1725, exempts under certain conditions some of those
public officers and candidates from the requirement for electronic filing and
allow them to file those statements by alternate means, A.B. 452 inadvertently
failed to amend accordingly former NRS 281A.660 (now NRS 281.581), which
authorizes the imposition of a civil penalty for a failure to file such a
statement in a timely manner, to account for the alternate filing provisions of
section 23 of that bill. To correct this technical error, A.B. 452 has been
amended as necessary to include references to section 23 of A.B. 452 in former
NRS 281A.660.

Section 10 of this bill corrects an error in the
amendment of NRS 40.495 by section 5.5 of chapter 311, Statutes of Nevada 2011
(A.B. 273), at page 1743. NRS 40.495 sets forth various rights of a guarantor,
surety or other obligor on a debt secured by a mortgage or deed of trust on
real property, other than the mortgagor or grantor of the deed of trust.
Although sections 1.2-3.3 of A.B. 273 (codified as NRS 40.4631-40.4639), at
pages 1742 and 1743, establish certain limitations on actions by the holders of
junior mortgages or liens on real property after a foreclosure sale of the
property or a sale of the property in lieu of a foreclosure sale, section 5.5
of A.B. 273 inadvertently failed to clarify the right of a guarantor, surety or
other obligee to enforce those limitations. To correct this technical error,
section 5.5 of A.B. 273 has been revised as necessary to include a reference to
sections 1.2-3.3 of A.B. 273 in subsection 3 of NRS 40.495.

Section 11 of this bill corrects an error in the
amendment of NRS 31.296 by section 12 of chapter 338, Statutes of Nevada 2011
(A.B. 223), at page 1907. NRS 31.296 consists of provisions relating to the
garnishment of earnings to enforce a judgment. Section 12 of A.B. 223, which
amended NRS 31.296 to require the judgment creditor to provide certain periodic
reports to the judgment debtor, the sheriff and each garnishee, inadvertently
included an erroneous reference to the issuance of a writ of attachment. To
correct this technical error, section 12 of A.B. 223 has been revised as
necessary to refer to the issuance of a writ of garnishment.

Section 12 of this bill corrects errors in chapter
343, Statutes of Nevada 2011 (A.B. 100), at page 1916, which enacted the
Uniformed Military and Overseas Absentee Voters Act (codified as chapter 293D
of NRS). In particular:

1. Section 42 of A.B. 100, at page 1929,
amended NRS 293C.322 to account for the repeal by section 45 of A.B. 100, at
page 1931, of former NRS 293C.315, which was superseded by the provisions of
chapter 293D of NRS. However, section 42 of A.B. 100 inadvertently failed to
replace the superseded reference to NRS 293C.315 contained in subsection 4 of
NRS 293C.322 with a needed reference to sections 2-29 of A.B. 100 (codified as
chapter 293D of NRS). Section 42 of A.B. 100 has therefore been revised as
necessary to correct this technical error.

2. Section 45 of A.B. 100 also repealed
former NRS 293.3157, which was also superseded by the provisions of chapter
293D of NRS. However, A.B. 100 inadvertently failed to account for section 23
of chapter 501, Statutes of Nevada 2011 (A.B. 81), at page 3281, which amended
NRS 293.333 to incorporate two references to NRS 293.3157. To correct this
technical error, section 45 of A.B. 100 has been amended as necessary to repeal
section 23 of A.B. 81.

Section 13 of this bill corrects an error in
section 10 of chapter 353, Statutes of Nevada 2011 (A.B. 362), at page 1995,
the source of NRS 432A.640. Section 10 of A.B. 362, which requires a local
government that operates an out-of-school recreation program to provide copies
of the reports of certain inspections, inadvertently failed to clarify that the
reports were to be provided to the Bureau of Services for Child Care of the
Division of Child and Family Services of the Department of Health and Human
Services. To correct this technical error, section 10 of A.B. 362 has been
revised as necessary to provide that clarification. In accordance with the
provisions of chapter 261, Statutes of Nevada 2011 (S.B. 430), at page 1365,
which transferred the duties of
the Bureau of Services for Child Care to the Health Division of the Department,
all of the references to the Bureau set forth in section 10 of A.B. 362 were
changed during the codification of NRS 432A.640 to refer to the Health
Division.

of the Bureau of Services for Child Care to the Health Division
of the Department, all of the references to the Bureau set forth in section 10
of A.B. 362 were changed during the codification of NRS 432A.640 to refer to
the Health Division.

Section 14 of this bill corrects an error in the
amendment of NRS 294A.365 by section 65 of chapter 365, Statutes of Nevada 2011
(A.B. 82), at page 2120. Although NRS 294A.220 requires committees for political
action to report certain expenditures in excess of $1,000, section 65 of A.B.
82 inadvertently deleted from NRS 294A.365, which sets forth the requirements
for the contents of such a report, a pertinent reference to expenditures in
excess of that amount. To correct this technical error, section 65 of A.B. 82
has been revised as necessary to restore that reference.

Section 15 of this bill corrects an error in the
amendment of NRS 391.317 by section 5 of chapter 378, Statutes of Nevada 2011
(A.B. 225), at page 2260. Section 5 of A.B. 225, which authorizes a teacher or
administrator of a school district to request an expedited arbitration hearing
if he or she is deemed to be a probationary employee pursuant to section 1 of
that bill (codified as NRS 391.3129), at page 2258, and receives notice that he
or she will be dismissed before the completion of the current school year,
inadvertently included an inappropriate reference to subsection 1 of NRS
391.317. To correct this technical error, section 5 of A.B. 225 has been
revised as necessary to remove that inappropriate reference.

Section 16 of this bill corrects an error in
section 21 of chapter 379, Statutes of Nevada 2011 (A.B. 229), at page 2298.
Section 21 of A.B. 229, which was intended to limit the applicability of
certain provisions of that bill during the 2011-2013 biennium to certain newly
hired teachers and administrators of a school district, inadvertently failed to
indicate the inapplicability of those provisions during that biennium to the
other licensed employees of a school district. To correct this technical error,
section 21 of A.B. 229 has been revised as necessary to clarify that those
provisions do not apply to those other licensed employees during that biennium.

1. Section 47 of A.B. 380, at page 2561,
which amended NRS 338.1908, inadvertently failed to account for a reference in
that section to NRS 338.1907, which expires by limitation on May 1, 2013. To
correct this technical error, A.B. 380 has been revised as necessary to cause
the repeal of that reference on that date.

2. Section 49 of A.B. 380, at page 2562,
which includes provisions extending the prospective expiration of the Wind
Energy Systems Demonstration Program (NRS 701B.400-701B.650) from June 30,
2011, until December 31, 2021, inadvertently failed to extend the prospective
expiration of NRS 701B.540, a definition included in the provisions of that
Program. To correct this technical error, section 49 of A.B. 380 has been
revised as necessary to extend accordingly the prospective expiration of NRS
701B.540.

3. Section
51 of A.B. 380, at page 2563, which amended section 21 of chapter 321, Statutes
of Nevada 2009 (S.B. 358), at page 1410, inadvertently failed to account for
the technical corrections to section 21 of S.B. 358 that were previously
ratified by the Legislature pursuant to section 9 of chapter 28, Statutes of
Nevada 2011 (A.B. 464), at page 93. To correct this technical error, section 51
of A.B. 380 has been revised as necessary to include the technical corrections
made by section 9 of A.B. 464.

4. Although the provisions of A.B. 380
provide for the prospective expiration of the Solar Energy Systems Incentive
Program (NRS 701B.010-701B.290) on December 31, 2021, and similarly extend the
prospective expiration of the Wind Energy Systems Demonstration Program (NRS
701B.400-701B.650) and the Waterpower Energy Systems Demonstration Program (NRS
701B.700-701B.880) from June 30, 2011, until December 31, 2021, A.B. 380
inadvertently failed to revise accordingly the superseded provisions of chapter
347, Statutes of Nevada 2011 (A.B. 359), at page 1939, which would have
extended the prospective expiration of the Waterpower Energy Systems
Demonstration Program until June 30, 2016. To correct this technical error,
A.B. 380 has been revised as necessary to amend or repeal, as appropriate,
those superseded provisions of A.B. 359 in such a manner as to provide for the
prospective expiration of that Program on December 31, 2021.

Section 18 of this bill corrects an error in
section 3 of chapter 444, Statutes of Nevada 2011 (S.B. 371), at page 2670, the
source of NRS 432B.4684. Subsection 3 of section 3 of S.B. 371, which contains
a list of the persons who may be nominated for appointment and appointed by the
court pursuant to NRS 432B.4685 as a person who is legally responsible for the
psychiatric care of a child, inadvertently included a flush line that would
have required the court appointment of such a person prior to their nomination
for that appointment by an agency which provides child welfare services. To
correct this technical error, section 3 of S.B. 371 has been revised as
necessary to delete that erroneous flush line.

Section 19 of this bill corrects an error in the
amendment of NRS 362.120 by sections 12.5 and 12.7 of chapter 449, Statutes of
Nevada 2011 (S.B. 493), at pages 2694 and 2696, respectively. Although section
12 of S.B. 493 (codified as NRS 514A.110), at page 2694, requires the review
only by the Mining Oversight and Accountability Commission of certain
regulations adopted by the Nevada Tax Commission before the approval of those
regulations by the Legislative Commission, sections 12.5 and 12.7 of S.B. 493 inadvertently
included a provision that referred to the approval of such a regulation by the
Mining Oversight and Accountability Commission. Sections 12.5 and 12.7 of S.B
493 have therefore been revised as necessary to delete that erroneous
provision.

Section 20 of this bill corrects an error in
chapter 456, Statutes of Nevada 2011 (S.B. 314), at page 2817, which provides
for the registration of asset management companies and the issuance of permits
to engage in asset management. Section 26 of S.B. 314 (codified as NRS
645H.550), at page 2824, which was included in that bill to comply with certain
federal requirements relating to the enforcement of child support and was
intended to expire by limitation 2 years after the repeal of those federal
requirements, was inadvertently not made to expire. To correct this technical
error, section 37 of S.B. 314, at page 2834, which contains the effective dates
for the provisions of S.B. 314, has been amended as necessary to cause section
26 of that bill to expire at the appropriate time.

1. Section 17 of S.B. 427, at page 2940,
which amended NRS 231.260 to provide for the transfer of duties relating to the
Division of Tourism from the former Commission on Tourism to the new Department
of Tourism and Cultural Affairs, inadvertently included an inappropriate
amendment to a population reference which is unrelated to that transfer of
duties. To correct this technical error, section 17 of S.B. 427 has been
revised as necessary to delete that inappropriate amendment. In addition, two
references in that section to the Division have been revised to clarify that
the term refers to the Division of Tourism.

2. Section 52 of S.B. 427, at page 2949,
which amended NRS 242.080 to provide for the elimination of the former
Department of Information Technology and its replacement by the new Division of
Enterprise Information Technology Services of the Department of Administration,
inadvertently redesignated the former Communication and Computing Division of
that eliminated Department as the Communication and Computing Unit of the new
Division of Enterprise Information Technology Services without accordingly
redesignating two sub-parts of that Unit. To correct this technical error,
section 52 of S.B. 427 has been revised as necessary to redesignate the former
Communications Unit and Telecommunications Unit of the former Communication and
Computing Division as the new Communications Group and Telecommunications
Group, respectively, of the new Communication and Computing Unit. In accordance
with this correction, sections 35 and 37 of S.B. 427, at page 2945, which
amended the definitions set forth in NRS 233F.045 and 233F.065, respectively,
have been revised as necessary to change the respective definitions of
Communications Unit and Telecommunications Unit to Communications Group
and Telecommunications Group.

3. Although section 60 of S.B. 427, at page
2953, amended NRS 284.025 to replace the former Department of Personnel with
the new Division of Human Resource Management of the Department of
Administration, section 25 of S.B. 427, at page 2943, amended NRS 232.215 to provide for the
appointment of the Administrator of the new Division by the Director of the
Department of Administration and section 26 of S.B. 427, at page 2943, amended
NRS 232.2165 to place the Administrator in the unclassified service of the State,
S.B. 427 inadvertently failed to amend accordingly NRS 284.075, which provided
for the appointment and classification of the former Director of the Department
of Personnel (now the Administrator of the new Division), to revise those
provisions of NRS 284.075 which either repeated or conflicted with the
provisions of sections 25 and 26 of S.B. 427.

at page 2943, amended NRS 232.215 to provide for the
appointment of the Administrator of the new Division by the Director of the
Department of Administration and section 26 of S.B. 427, at page 2943, amended
NRS 232.2165 to place the Administrator in the unclassified service of the
State, S.B. 427 inadvertently failed to amend accordingly NRS 284.075, which
provided for the appointment and classification of the former Director of the
Department of Personnel (now the Administrator of the new Division), to revise
those provisions of NRS 284.075 which either repeated or conflicted with the
provisions of sections 25 and 26 of S.B. 427. S.B. 427 has therefore been
revised as necessary to amend NRS 284.075 in conformity with the provisions of
those other sections.

4. Although section 87 of S.B. 427, at page
2965, amended NRS 341.020 to change the membership of the State Public Works
Board from seven appointed members to six appointed members and one ex officio
member, S.B. 427 inadvertently failed to clarify the inapplicability to the ex
officio member of the provisions of NRS 341.041 and 341.050 regarding the
replacement and salary of the members of the Board. S.B. 427 has therefore been
revised as necessary to clarify the application of those provisions solely to the
appointed members of the Board.

5. Although section 140 of S.B. 427, at page
2989, terminated the Account for Local Cultural Activities by repealing NRS
233C.100, S.B. 427 inadvertently failed to repeal accordingly NRS 233C.110,
which provided for the expenditure of the money in that Account. Section 140 of
S.B. 427 has therefore been revised as necessary to repeal NRS 233C.110.

Section 22 of this bill corrects an error in the
amendment of NRS 386.549 by section 6 of chapter 483, Statutes of Nevada 2011
(A.B. 171), at page 3053. Although an amendment to A.B. 171 during the 2011
Session was intended to cause subsection 1 of NRS 386.549, regarding the
membership of the governing body of a charter school, to mirror subsection 1 of
NRS 386.520, regarding the membership of a committee to form a charter school,
the amendment inadvertently failed to include in paragraph (a) of subsection 1
of NRS 386.549 an intended reference to a teacher or other person. To correct
this technical error, section 6 of A.B. 171 has been revised as necessary to include
that omitted reference.

1. Section 9 of A.B. 473, at page 3071,
which amended NRS 293.560 to revise the hours of operation of the office of a
county clerk during the period for voter registration prior to an election,
inadvertently deleted the provisions of subsection 1 of NRS 293.560 prescribing
the date upon which registration must close. To correct this technical error,
section 9 of A.B. 473 has been revised as necessary to restore the pertinent
provisions.

2. Section 13 of A.B. 473, at page 3073,
which amended NRS 293C.527 to revise the hours of operation of the office of a
city clerk during the period for voter registration prior to an election,
inadvertently deleted the provisions of subsection 1 of NRS 293C.527
prescribing the date upon which registration must close. To correct this
technical error, section 13 of A.B. 473 has been revised as necessary to
restore the pertinent provisions.

1. Section 54 of A.B. 576, at page 3171,
which amended NRS 218A.645 to simplify and clarify the provisions of that
section in accordance with the definitions added to chapter 218A of NRS by
sections 2-31 of A.B. 576 (codified as NRS 218A.003-218A.090), at pages 3162
and 3163, inadvertently failed to delete from subsection 1 of NRS 218A.645 a
reference to elected or appointed Legislators that was rendered obsolete by
the definition of Legislator set forth in NRS 218A.072. To correct this
technical error, subsection 1 of NRS 218A.645 has been revised as necessary to
delete that obsolete reference. In addition, subsection 2 of NRS 218A.645 has
been revised to simplify and clarify the references in that subsection to a
presession orientation conference, and subsection 3 of NRS 218A.645 has been revised as necessary to correct
a grammatical error in a reference to the per diem allowance authorized by
subsection 2 of that section.

revised as necessary to correct a grammatical error in a
reference to the per diem allowance authorized by subsection 2 of that section.

2. Sections 64 and 65 of A.B. 576, at page
3178, which amended NRS 218A.925 and 218A.930, respectively, to clarify the
procedure for the issuance and service of, and a hearing on, a legislative
citation of a person for contempt, inadvertently failed to refer consistently
to that person as being an alleged offender. Sections 64 and 65 of A.B. 576
have therefore been revised as necessary to correct this technical error.

1. Section 54 of A.B. 81, at page 3302,
inappropriately amended NRS 294A.286, which provides for the establishment of a
legal defense fund by a public officer or a candidate for public office, to add
a new subsection providing for the use of campaign contributions to pay legal
expenses without regard to the establishment of such a legal defense fund. That
subsection was therefore moved in codification to a more appropriate section,
NRS 294A.160, which contains other provisions regarding the use of campaign contributions.
However, sections 29, 56, 59, 61 and 62 of A.B. 81, at pages 3284, 3303, 3304
and 3305, would have added provisions to NRS 293.4687, 294A.350, 294A.373,
294A.390 and 294A.400, respectively, that were dependent on the inappropriate
placement of that subsection in NRS 294A.286. To correct this technical error,
A.B. 81 has been revised as necessary to remove those dependent provisions.

2. Sections 61-63 of A.B. 81, at pages 3305
and 3306, which amended NRS 294A.390, 294A.400 and 294A.420, respectively,
inadvertently included references regarding the reports required by section 37
of A.B. 81 (codified as NRS 294A.348), at page 3287, which contains no
reporting requirements. To correct this technical error, sections 61-63 of A.B.
81 have been revised as necessary to remove those inappropriate references.

Section 26 of this bill corrects errors in the
amendment of NRS 684A.130, 689.235, 689.520, 692B.070, 692B.190 and 697.180 by
sections 23, 45, 47, 59, 60 and 122, respectively, of chapter 506, Statutes of
Nevada 2011 (A.B. 74), at pages 3365, 3377, 3380, 3389, 3391 and 3417,
respectively. Although the amendments contained in sections 23, 45, 47, 59, 60
and 122 of A.B. 74 were made to expire by limitation upon the repeal of certain
federal requirements relating to the enforcement of child support, those
amendments are unrelated to those federal requirements and were not intended to
expire at that time. To correct this technical error, section 132 of A.B. 74,
at page 3424, which contains the effective dates for the provisions of A.B. 74,
has been revised as necessary to prevent the expiration of those amendments.

Section 27 of this bill corrects errors in chapter
530, Statutes of Nevada 2011 (S.B. 271), at page 3710, which provides for the
withdrawal of the State of Nevada from the Tahoe Regional Planning Compact
under certain circumstances. In particular:

1. Section 1.5 of S.B. 271, at page 3711,
which amended NRS 277.200 to propose several amendments to the Compact,
inadvertently included as part of the existing provisions of the Compact
certain amendments proposed in 1997 that have not become effective. To correct
this technical error, section 1.5 of S.B. 271 has been revised as necessary to
remove those inappropriate provisions.

2. Although section 17.7 of S.B. 271, at
page 3739, deleted the effective dates for sections 2 and 3 of chapter 311,
Statutes of Nevada 1997 (S.B. 24 of 1997), at pages 1147 and 1169,
respectively, which provided for certain contingent amendments to the Compact,
S.B. 271 inadvertently failed to repeal those sections as intended. To correct
this technical error, section 18 of S.B. 271, at page 3740, has been revised as
necessary to repeal sections 2 and 3 of S.B. 24 of 1997.

3. Section 25 of S.B. 271, at page 3743,
which contains the effective dates for the provisions of S.B. 271, will cause
this States withdrawal from the Compact to occur on October 1, 2015, unless
certain designated events occur before that date, or would have caused that
withdrawal to occur on October 1, 2017, if the Governor issues a proclamation
pursuant to the provisions of section 23.5 of S.B. 271, at page 3742, before October 1, 2015.

3742, before October 1, 2015. However, it was intended that
this withdrawal would not occur if the Governor issued that proclamation
pursuant to the provisions of section 23.5 of S.B. 271 and those designated
events occurred before October 1, 2017. Sections 23.5 and 25 of S.B. 271 have
therefore been revised as necessary to clarify those circumstances under which
the withdrawal from the Compact would not occur.

4. Section 17.3 of S.B. 271, at page 3739,
amended section 3 of chapter 22, Statutes of Nevada 1987 (A.B. 5 of 1987), at
page 53, to preclude the provisions of A.B. 5 of 1987, which proposed certain
contingent amendments to the Compact, from ever becoming effective. Section 18 of
S.B. 271, at page 3740, accordingly repealed sections 1 and 2 of chapter 442,
Statutes of Nevada 1985 (A.B. 675 of 1985), at pages 1257 and 1258,
respectively, which proposed certain contingent amendments to NRS 278.792 that
were dependent on the amendments to the Compact proposed by A.B. 5 of 1987.
However, although the amendment of section 3 of A.B. 5 of 1987 by section 17.3
of S.B 271 was made to become effective without any contingency, the repeal of
sections 1 and 2 of A.B. 675 of 1985 by section 18 of S.B. 271 was
inadvertently made to become effective on a contingent basis only. To correct
this technical error, section 25 of S.B. 271 has been revised as necessary to
cause the repeal of sections 1 and 2 of A.B. 675 of 1985 by subsection 2 of
section 18 of S.B. 271 to become effective on the same definite date as the
amendment of section 3 of A.B. 5 of 1987 by section 17.3 of S.B. 271.

Section 28 of this bill corrects errors in several
amendments to the Tahoe Regional Planning Compact (codified as NRS 277.200)
proposed during past legislative sessions. Although the amendments to the
Compact proposed by chapter 22, Statutes of Nevada 1987 (A.B. 5 of 1987), at
page 28, were intended to supersede the amendments to the Compact proposed by
chapter 224, Statutes of Nevada 1981 (S.B. 347 of 1981), at page 415, as
amended by chapter 731, Statutes of Nevada 1981 (S.B. 710 of 1981), at page
1824, and the amendments to the Compact proposed by chapter 450, Statutes of
Nevada 1983 (S.B. 441 of 1983), at page 1137, and chapter 274, Statutes of
Nevada 1985 (A.B. 433 of 1985), at page 819, those superseded amendments have
never been repealed. To correct this technical error, the relevant provisions
of S.B. 347 of 1981, S.B. 710 of 1981, S.B. 441 of 1983 and A.B. 433 of 1985
are now being repealed.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Section 58.8 of chapter 504,
Statutes of Nevada 2009, as added by chapter 28, Statutes of Nevada 2011, at
page 125, is hereby amended to read as follows:

Sec. 58.8. Section
28 of this act is hereby amended to read as follows:

Sec. 28. 1. An
application for a license for an off-highway vehicle dealer, long-term or
short-term lessor or manufacturer must be filed upon forms supplied by the
Department . [and
include the social security number of the applicant.] The
forms must designate the persons whose names are required to appear thereon.
The applicant must furnish:

(a) Such proof as the
Department may deem necessary that the applicant is an off-highway vehicle
dealer, long-term or short-term lessor or manufacturer.

(c) A fee for the
processing of fingerprints. The Department shall establish by regulation the
fee for processing fingerprints. The fee must not exceed the sum of the amounts
charged by the Central Repository for Nevada Records of Criminal History and
the Federal Bureau of Investigation for processing the fingerprints.

(d) For initial
licensure, a complete set of the applicants fingerprints and written
permission authorizing the Department to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.

(e) [If the applicant is a natural person, the statement required
pursuant to section 24 of this act.

(f)] A certificate of
insurance for liability.

2. Upon receipt
of the application and when satisfied that the applicant is entitled thereto,
the Department shall issue to the applicant a license for an off-highway
vehicle dealer, long-term or short-term lessor or manufacturer containing the
name of the licensee and the address of his or her established place of
business or the address of the main office of a manufacturer without an
established place of business in this State.

3. Licenses
issued pursuant to this section expire on December 31 of each year. Before
December 31 of each year, a licensee must furnish the Department with an
application for renewal of his or her license accompanied by an annual fee of
$50. [If the applicant is a natural person, the application for
renewal also must be accompanied by the statement required pursuant to section
24 of this act.] The additional fee for the processing of
fingerprints, established by regulation pursuant to paragraph (c) of subsection
1, must be submitted for each applicant whose name does not appear on the
original application for the license. The renewal application must be provided
by the Department and contain information required by the Department.

Sec. 2. Chapter 100, Statutes
of Nevada 2011, at page 452, is hereby amended by adding thereto a new
section to be designated as sec. 27.5, immediately following sec. 27, to read
as follows:

Sec. 27.5. NRS
701.565 is hereby repealed.

Sec. 3. Chapter 113, Statutes
of Nevada 2011, at page 507, is hereby amended by adding thereto a new
section to be designated as sec. 5.5, immediately following sec. 5, to read as
follows:

Sec. 5.5. NRS
535.040 is hereby amended to read as follows:

535.040 The
provisions of NRS 535.010, 535.020 and 535.030 and section 5 of this act and the performance
by the State Engineer of the duties of the State Engineer under them do not
constitute a warranty in favor of anyone concerning the water to be impounded
or diverted.

(a) To determine whether
there has been any violation of this chapter or chapter 462, 464, 465 or 466 of
NRS or any regulations adopted thereunder.

(b) To determine any
facts, conditions, practices or matters which it may deem necessary or proper
to aid in the enforcement of any such law or regulation.

(c) To aid in adopting
regulations.

(d) To secure
information as a basis for recommending legislation relating to this chapter or
chapter 462, 464, 465 or 466 of NRS.

(e) As directed by the
Commission.

2. If, after any
investigation the Board is satisfied that [a]:

(a) A license, registration,
finding of suitability, preliminary
finding of suitability, pari-mutuel license or prior approval by
the Commission of any transaction for which the approval was required or
permitted under the provisions of this chapter or chapter 462, 464 or 466 of
NRS should be limited, conditioned, suspended or revoked[, it]; or

(b) A person or entity which is licensed,
registered, found suitable or found preliminarily suitable pursuant to this
chapter or chapter 464 of NRS or which previously obtained approval for any act
or transaction for which Commission approval was required or permitted under
the provisions of this chapter or chapter 464 of NRS should be fined,

Κ the Board shall initiate
a hearing before the Commission by filing a complaint with the Commission in
accordance with NRS 463.312 and transmit therewith a summary of evidence in its
possession bearing on the matter and the transcript of testimony at any
investigative hearing conducted by or on behalf of the Board.

3. Upon receipt
of the complaint of the Board, the Commission shall review [it]the complaint and all
matter presented in support thereof, and shall conduct further proceedings in
accordance with NRS 463.3125 to 463.3145, inclusive.

4. After the
provisions of subsections 1, 2 and 3 have been complied with, the Commission
may:

(a) Limit, condition,
suspend or revoke the license of any licensed gaming establishment or the
individual license of any licensee without affecting the license of the
establishment;

(b) Limit, condition,
suspend or revoke any registration, finding of suitability, preliminary finding of suitability, pari-mutuel
license, or prior approval given or granted to any applicant by the Commission;

(c) Order a licensed
gaming establishment to keep an individual licensee from the premises of the
licensed gaming establishment or not to pay the licensee any remuneration for
services or any profits, income or accruals on the investment of the licensee
in the licensed gaming establishment; and

(d) Fine each person or
entity , or both, [who
was]which is
licensed, registered
,[or] found suitable or found preliminarily suitable
pursuant to this chapter or chapter 464 of NRS or [who] which previously
obtained approval for any act or transaction for which Commission approval was
required or permitted under the provisions of this chapter or chapter 464 of
NRS:

suitable pursuant to this chapter or chapter
464 of NRS or [who]which previously obtained approval for any act
or transaction for which Commission approval was required or permitted under
the provisions of this chapter or chapter 464 of NRS:

(1) Not less than
$25,000 [nor]and not more than $250,000 for each separate
violation of any regulation adopted pursuant to NRS 463.125 which is the
subject of an initial or subsequent complaint; or

(2) Except as
otherwise provided in subparagraph (1) , [of this paragraph,]
not more than $100,000 for each separate violation of the provisions of this
chapter or chapter 464 or 465 of NRS or of the regulations of the Commission
which is the subject of an initial complaint and not more than $250,000 for
each separate violation of the provisions of this chapter or chapter 464 or 465
of NRS or of the regulations of the Commission which is the subject of any
subsequent complaint.

Κ
All fines must be paid to the State Treasurer for deposit in the State General
Fund.

5. For the
second violation of any provision of chapter 465 of NRS by any licensed gaming
establishment or individual licensee, the Commission shall revoke the license
of the establishment or person.

6. If the
Commission limits, conditions, suspends or revokes any license or imposes a
fine, or limits, conditions, suspends or revokes any registration, finding of
suitability, preliminary finding
of suitability, pari-mutuel license or prior approval, it shall
issue its written order therefor after causing to be prepared and filed its
written decision upon which the order is based.

7. Any such
limitation, condition, revocation, suspension or fine so made is effective
until reversed upon judicial review, except that the Commission may stay its
order pending a rehearing or judicial review upon such terms and conditions as
it deems proper.

8. Judicial
review of any such order or decision of the Commission may be had in accordance
with NRS 463.315 to 463.318, inclusive.

2. Chapter 156, Statutes of Nevada 2011, at
page 716, is hereby amended by adding thereto a new section to be designated
as sec. 3, immediately following sec. 2, to read as follows:

Sec. 3. NRS
463.339 is hereby amended to read as follows:

463.339 An
applicant for licensing, registration, finding of suitability , preliminary finding of suitability
or any approval or consent required by this chapter or chapter 462 of NRS shall
make full and true disclosure of all information to the Board, Commission or
other relevant governmental authority as necessary or appropriate in the public
interest or as required in order to carry out the policies of this state
relating to licensing and control of the gaming industry and the operation of
charitable lotteries.

Sec. 35. 1. This
section, sections 1 to 32, inclusive, and section 34 of this act become
effective:

(a) Upon passage and
approval for the purpose of issuing licenses to qualified applicants; and

(b) On January 1, 2012,
for all other purposes.

2. Section 33 of
this act becomes effective on the date on which the provisions of 42 U.S.C. §
666 requiring each state to establish procedures under which the state has
authority to withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:

(a) Have failed to
comply with a subpoena or warrant relating to a proceeding to determine the
paternity of a child or to establish or enforce an obligation for the support
of a child; or

(b) Are in arrears in
the payment for the support of one or more children,

Κ
are repealed by the Congress of the United States.

3. Sections 14, 22 and 33 of this act
expire by limitation 2 years after the date on which the provisions of 42
U.S.C. § 666 requiring each state to establish procedures under which the state
has authority to withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:

(a) Have failed to
comply with a subpoena or warrant relating to a proceeding to determine the
paternity of a child or to establish or enforce an obligation for the support
of a child; or

(b) Are in arrears in
the payment for the support of one or more children,

Sec. 65. 1. This
section and sections 11 and 63 of this act become effective upon passage and
approval.

2. Sections 1 to
10, inclusive, 12 to 61, inclusive, 63.5 and 64 of this act become effective on
July 1, 2011, for the purpose of adopting regulations and
carrying out any other administrative tasks, and on January 1, 2012, for all
other purposes.

adopting regulations and carrying
out any other administrative tasks, and on January 1, 2012, for all other
purposes.

3. Section 62 of
this act becomes effective on the date on which the provisions of 42 U.S.C. §
666 requiring each state to establish procedures under which the state has
authority to withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:

(a) Have failed to
comply with a subpoena or warrant relating to a proceeding to determine the
paternity of a child or to establish or enforce an obligation for the support
of a child; or

(b) Are in arrears in
the payment for the support of one or more children,

Κ
are repealed by the Congress of the United States.

4. Sections 26, 35 and 62 of this act
expire by limitation on the date 2 years after the date on which the provisions
of 42 U.S.C. § 666 requiring each state to establish procedures under which the
state has authority to withhold or suspend, or to restrict the use of
professional, occupational and recreational licenses of persons who:

(a) Have failed to
comply with a subpoena or warrant relating to a proceeding to determine the
paternity of a child or to establish or enforce an obligation for the support
of a child; or

(b) Are in arrears in
the payment for the support of one or more children,

Κ
are repealed by the Congress of the United States.

Sec. 8. 1. Chapter
289, Statutes of Nevada 2011, at page 1621, is hereby amended by adding
thereto a new section to be designated as sec. 1.5, immediately following
section 1, to read as follows:

Sec. 1.5. NRS
338.525 is hereby amended to read as follows:

338.525 1. [A]Except as otherwise provided in
NRS 338.515, a public body may, but is not required to, withhold
from a progress payment or retainage payment an amount sufficient to pay the
expenses the public body reasonably expects to incur as a result of the failure
of the contractor to comply with the contract or applicable building code, law
or regulation.

2. A public body
shall, within 20 days after it receives a progress bill or retainage bill from
a contractor, give a written notice to the contractor of any amount that will
be withheld pursuant to this section. The written notice must set forth:

(a) The amount of the
progress payment or retainage payment that will be withheld from the
contractor; and

(b) A detailed
explanation of the reason the public body will withhold that amount, including,
without limitation, a specific reference to the provision or section of the
contract, or any documents related thereto, or the applicable building code,
law or regulation with which the contractor has failed to comply.

Κ
The written notice must be signed by an authorized agent of the public body.

3. If the public
body receives a written notice of the correction of the condition that is the
reason for the withholding, signed by an authorized agent of the contractor,
the public body shall, after confirming that the condition has been corrected,
pay the amount withheld by the public body within 30 days
after the public body receives the next progress bill or retainage bill.

withheld by the public body within
30 days after the public body receives the next progress bill or retainage
bill.

2. Section 4
of chapter 289, Statutes of Nevada 2011, at page 1622, is hereby amended to
read as follows:

Sec. 4. NRS
338.560 is hereby amended to read as follows:

338.560 1. [A]Except as otherwise provided in
subsection 2 of NRS 338.555, a contractor may withhold from a
progress payment or retainage payment an amount sufficient to pay:

(a) The expenses the
contractor reasonably expects to incur as a result of the failure of his or her
subcontractor or supplier to comply with the subcontract or applicable building
code, law or regulation.

(b) An amount withheld
from payment to the contractor by a public body pursuant to subsection [4]8 of NRS 338.515 for
a claim for wages against the subcontractor.

2. A contractor
shall, within 10 days after the contractor receives:

(a) A progress payment
or retainage payment from the public body for an amount that is less than the
amount set forth in the applicable progress bill or retainage bill; or

(b) A progress bill or
retainage bill from his or her subcontractor or supplier,

Κ
give a written notice to his or her subcontractor or supplier of any amount
that will be withheld pursuant to this section.

3. The written
notice must:

(a) Set forth:

(1) The amount of
the progress payment or retainage payment that will be withheld from his or her
subcontractor or supplier; and

(2) A detailed
explanation of the reason the contractor will withhold that amount, including,
without limitation, a specific reference to the provision or section of the
subcontract, or documents related thereto, or applicable building code, law or
regulation with which his or her subcontractor or supplier has failed to
comply; and

(b) Be signed by an
authorized agent of the contractor.

4. The
contractor shall pay to his or her subcontractor or supplier the amount
withheld by the public body or the contractor within 10 days after:

(a) The contractor
receives a written notice of the correction of the condition that is the reason
for the withholding, signed by an authorized agent of the subcontractor or
supplier; or

(b) The public body
pays to the contractor the amount withheld,

Κ
whichever occurs later.

3. Chapter 289, Statutes of Nevada 2011, at
page 1624, is hereby amended by adding thereto a new section to be
designated as sec. 5.5, immediately following sec. 5, to read as follows:

Sec. 5.5. NRS
338.600 is hereby amended to read as follows:

338.600 1. [A]Except as otherwise provided in
NRS 338.595, a subcontractor may withhold from a progress payment
or retainage payment an amount sufficient to pay the expenses the subcontractor
reasonably expects to incur as a result of the failure of his or her
subcontractor or supplier to comply with the subcontract or applicable building
code, law or regulation.

2. A
subcontractor shall, within 10 days after the subcontractor receives:

(a) A progress payment
or retainage payment from a contractor for an amount that is less than the
amount set forth in the applicable progress bill or retainage bill; or

(b) A progress bill or
retainage bill from his or her subcontractor or supplier,

Κ
give a written notice to his or her subcontractor or supplier of any amount
that will be withheld pursuant to this section.

3. The written
notice must:

(a) Set forth:

(1) The amount of
the progress payment or retainage payment that will be withheld from his or her
subcontractor or supplier; and

(2) A detailed
explanation of the reason the subcontractor will withhold that amount,
including, without limitation, a specific reference to the provision or section
of the subcontract, or documents related thereto, or applicable building code,
law or regulation with which the subcontractor or supplier has failed to
comply; and

(b) Be signed by an
authorized agent of the subcontractor.

4. The
subcontractor shall pay to his or her subcontractor or supplier the amount
withheld by the public body, contractor or subcontractor within 10 days after:

(a) The subcontractor
receives a written notice of the correction of the condition that is the reason
for the withholding, signed by an authorized agent of his or her subcontractor
or supplier; or

(b) The contractor pays
to the subcontractor the amount withheld,

Κ
whichever occurs later.

Sec. 9. Chapter 309, Statutes
of Nevada 2011, at page 1732, is hereby amended by adding thereto a new
section to be designated as sec. 33.5, immediately following sec. 33, to read
as follows:

Sec. 33.5. NRS
281A.660 is hereby amended to read as follows:

281A.660 1. If
the Secretary of State receives information that a candidate for public office
or public officer willfully fails to file a statement of financial disclosure
or willfully fails to file a statement of financial disclosure in a timely
manner pursuant to NRS 281A.600 or 281A.610, or section 23 of this act, the Secretary of
State may, after giving notice to that person or entity, cause the appropriate
proceedings to be instituted in the First Judicial District Court.

2. Except as
otherwise provided in this section, a candidate for public office or public
officer who willfully fails to file a statement of financial disclosure or
willfully fails to file a statement of financial disclosure in a timely manner
pursuant to NRS 281A.600 or 281A.610 or section 23 of this act is subject to a
civil penalty and payment of court costs and attorneys fees. The civil penalty
must be recovered in a civil action brought in the name of the State of Nevada
by the Secretary of State in the First Judicial District Court and deposited by
the Secretary of State for credit to the State General Fund in the bank
designated by the State Treasurer.

(a) If the statement is
filed not more than 10 days after the applicable deadline set forth in
subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, or section 23 of this act,
$25.

(b) If the statement is
filed more than 10 days but not more than 20 days after the applicable deadline
set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, or section 23 of this act, $50.

(c) If the statement is
filed more than 20 days but not more than 30 days after the applicable deadline
set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, or section 23 of this act, $100.

(d) If the statement is
filed more than 30 days but not more than 45 days after the applicable deadline
set forth in subsection 1 of NRS 281A.600 , [or]
subsection 1 of NRS 281A.610[,]or section 23 of this act, $250.

(e) If the statement is
not filed or is filed more than 45 days after the applicable deadline set forth
in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, or section 23 of this act, $2,000.

4. For good
cause shown, the Secretary of State may waive a civil penalty that would
otherwise be imposed pursuant to this section. If the Secretary of State waives
a civil penalty pursuant to this subsection, the Secretary of State shall:

(a) Create a record
which sets forth that the civil penalty has been waived and describes the
circumstances that constitute the good cause shown; and

(b) Ensure that the
record created pursuant to paragraph (a) is available for review by the general
public.

5. As used in
this section, willfully means intentionally and knowingly.

40.495 1. The
provisions of NRS 40.475 and 40.485 may be waived by the guarantor, surety or
other obligor only after default.

2. Except as
otherwise provided in subsection [4,]5, a guarantor, surety or
other obligor, other than the mortgagor or grantor of a deed of trust, may
waive the provisions of NRS 40.430. If a guarantor, surety or other obligor
waives the provisions of NRS 40.430, an action for the enforcement of that
persons obligation to pay, satisfy or purchase all or part of an indebtedness
or obligation secured by a mortgage or lien upon real property may be maintained
separately and independently from:

(a) An action on the
debt;

(b) The exercise of any
power of sale;

(c) Any action to
foreclose or otherwise enforce a mortgage or lien and the indebtedness or
obligations secured thereby; and

(d) Any other
proceeding against a mortgagor or grantor of a deed of trust.

3. If the
obligee maintains an action to foreclose or otherwise enforce a mortgage or
lien and the indebtedness or obligations secured thereby, the guarantor, surety
or other obligor may assert any legal or equitable
defenses provided pursuant to the provisions of NRS 40.451 to 40.463, inclusive
[.]

legal or equitable defenses provided
pursuant to the provisions of NRS 40.451 to 40.463, inclusive[.] , and sections 1.2 to 3.3, inclusive,
of this act.

4. If, before a foreclosure sale of real
property, the obligee commences an action against a guarantor, surety or other
obligor, other than the mortgagor or grantor of a deed of trust, to enforce an
obligation to pay, satisfy or purchase all or part of an indebtedness or
obligation secured by a mortgage or lien upon the real property:

(a) The court must hold a hearing and take
evidence presented by either party concerning the fair market value of the
property as of the date of the commencement of the action. Notice of such
hearing must be served upon all defendants who have appeared in the action and
against whom a judgment is sought, or upon their attorneys of record, at least
15 days before the date set for the hearing.

(b) After the hearing, if the court awards a
money judgment against the guarantor, surety or other obligor who is personally
liable for the debt, the court must not render judgment for more than:

(1) The amount by which the amount of the
indebtedness exceeds the fair market value of the property as of the date of
the commencement of the action; or

(2) If a foreclosure sale is concluded
before a judgment is entered, the amount that is the difference between the
amount for which the property was actually sold and the amount of the indebtedness
which was secured,

Κ whichever is the lesser amount.

5. The provisions of NRS
40.430 may not be waived by a guarantor, surety or other obligor if the
mortgage or lien:

(a) Secures an
indebtedness for which the principal balance of the obligation was never
greater than $500,000;

(b) Secures an
indebtedness to a seller of real property for which the obligation was
originally extended to the seller for any portion of the purchase price;

(c) Is secured by real
property which is used primarily for the production of farm products as of the
date the mortgage or lien upon the real property is created; or

(d) Is secured by real
property upon which:

(1) The owner
maintains the owners principal residence;

(2) There is not
more than one residential structure; and

(3) Not more than
four families reside.

6. As used in this section, foreclosure sale
has the meaning ascribed to it in NRS 40.462.

31.296 1. Except
as otherwise provided in subsection 3, if the garnishee indicates in the
garnishees answer to garnishee interrogatories that the garnishee is the
employer of the defendant, the writ of garnishment served on the garnishee
shall be deemed to continue for 120 days or until the amount demanded in the
writ is satisfied, whichever occurs earlier.

2. In addition
to the fee set forth in NRS 31.270, a garnishee is entitled to a fee from the
plaintiff of $3 per pay period, not to exceed $12 per month, for each
withholding made of the defendants earnings. This subsection does not apply to
the first pay period in which the defendants earnings are garnished.

3. If the
defendants employment by the garnishee is terminated before the writ of
garnishment is satisfied, the garnishee:

(a) Is liable only for
the amount of earned but unpaid, disposable earnings that are subject to
garnishment.

(b) Shall provide the
plaintiff or the plaintiffs attorney with the last known address of the
defendant and the name of any new employer of the defendant, if known by the
garnishee.

4. The judgment creditor who caused the
writ of garnishment to issue pursuant to NRS 31.260 shall prepare an accounting
and provide a report to the judgment debtor, the sheriff and each garnishee
every 120 days which sets forth, without limitation, the amount owed by the
judgment debtor, the costs and fees allowed pursuant to NRS 18.160 and any
accrued interest and costs on the judgment. The report must advise the judgment
debtor of the judgment debtors right to request a hearing pursuant to NRS
18.110 to dispute any accrued interest, fee or other charge. The judgment
creditor must submit this accounting with each subsequent application for writ
made by the judgment creditor concerning the same debt.

293C.322 1. Except
as otherwise provided in subsection 2 and [NRS 293C.315,]sections 2 to 29, inclusive, of
this act, if the request for an absent ballot is made by mail or
facsimile machine, the city clerk shall, as soon as the official absent ballot
for the precinct or district in which the applicant resides has been printed,
send to the voter by first-class mail, or by any class of mail if the Official
Election Mail logo or an equivalent logo or mark created by the United States
Postal Service is properly placed on the official absent ballot:

(a) An absent ballot;

(b) A return envelope;

(c) An envelope or
similar device into which the ballot is inserted to ensure its secrecy; and

2. If the city
clerk fails to send an absent ballot pursuant to subsection 1 to a voter who
resides within the continental United States, the city clerk may use a
facsimile machine to send an absent ballot and instructions to the voter. The
voter may mail the absent ballot to the city clerk or submit the absent ballot
by facsimile machine.

3. The return
envelope sent pursuant to subsection 1 must include postage prepaid by
first-class mail if the absent voter is within the boundaries of the United
States, its territories or possessions or on a military base.

4. Nothing may
be enclosed or sent with an absent ballot except as required by subsection 1 or
2 and [NRS 293C.315.] sections 2 to 29, inclusive, of this act.

5. Before
depositing a ballot with the United States Postal Service or sending a ballot
by facsimile machine, the city clerk shall record the date the ballot is
issued, the name of the registered voter to whom it is issued, the registered
voters precinct or district, the number of the ballot and any remarks the city
clerk finds appropriate.

6. The Secretary
of State shall adopt regulations to carry out the provisions of subsection 2.

2. Section 45
of chapter 343, Statutes of Nevada 2011, at page 1931, is hereby amended to
read as follows:

Sec. 10. 1. A local government that
operates an out-of-school recreation program shall provide the Bureau with a
copy of each report of an inspection conducted by a governmental entity that is
authorized to conduct an inspection of the facility where the program is
operated, including, without limitation, the report of an inspection by a local
building department, a fire department, the State Fire Marshal or a district
board of health.

2. The Bureau shall establish a schedule
for the submission of such reports which requires submission of a report of an
on-site inspection once every 2 years and shall provide a checklist to the
local government which identifies the reports that must be submitted to the
Bureau.

3. The Bureau shall not require any
additional inspections of the facility of an out-of-school recreation program
which complies with the provisions of this section.

294A.365 1. Each
report of expenditures required pursuant to NRS 294A.210, 294A.220[,]and 294A.280 [and
294A.283] must consist of a list of each expenditure in
excess of $100 or $1,000, as is appropriate, that was made during the periods
for reporting. Each report of expenses required pursuant to NRS 294A.125 and
294A.200 must consist of a list of each expense in excess of $100 that was incurred
during the periods for reporting. The list in each report must state the
category and amount of the expense or expenditure and the date on which the
expense was incurred or the expenditure was made.

2. The
categories of expense or expenditure for use on the report of expenses or
expenditures are:

(i) Except as otherwise
provided in NRS 294A.362, goods and services provided in kind for which money
would otherwise have been paid; and

(j) Other miscellaneous
expenses.

3. Each report
of expenses or expenditures described in subsection 1 must list the disposition
of any unspent campaign contributions using the categories set forth in
subsection 2 of NRS 294A.160[.] or subsection 4 of NRS 294A.286.

391.317 1. At
least 15 days before recommending to a board that it demote, dismiss or not
reemploy a postprobationary employee, or dismiss or demote a probationary
employee, the superintendent shall give written notice to the employee, by
registered or certified mail, of the superintendents intention to make the
recommendation.

2. The notice
must:

(a) Inform the licensed
employee of the grounds for the recommendation.

(b) Inform the employee
that, if a written request therefor is directed to the superintendent within 10
days after receipt of the notice, the employee is entitled to a hearing before
a hearing officer[.] pursuant to NRS 391.315 to 391.3194,
inclusive, or if the employee is deemed to be a probationary employee pursuant
to section 1 of this act and dismissal of the employee will occur before the
completion of the current school year, the employee may request an expedited
hearing pursuant to subsection 3.

(c) Refer to chapter
391 of NRS.

3. If an employee who is deemed to be a
probationary employee pursuant to section 1 of this act receives notice that he
or she will be dismissed before the completion of the current school year, the
employee may request an expedited hearing pursuant to the Expedited Labor
Arbitration Procedures established by the American Arbitration Association or
its successor organization. If the employee elects to proceed under the
expedited procedures, the provisions of NRS 391.3161, 391.3192 and 391.3193 do
not apply.

Sec. 21. The
provisions of section 9 of this act, NRS 391.311 to 391.3125, inclusive, as
amended by sections 10 to 13, inclusive, of this act, NRS 391.3127, as amended
by section 15 of this act, NRS 391.313, as amended by section 17 of this act,
NRS 391.317, as amended by section 18 of this act, and NRS 391.3197, as amended
by section 19 of this act[,
apply to all:

1. Except as otherwise provided in
subsection 2 and notwithstanding the provisions of section 23 of this act, do
not apply to any teachers, administrators or other licensed employees of a
school district before July 1, 2013.

2. Apply on July 1, 2011, to:

(a) All teachers who are
initially employed by a school district on or after July 1, 2011.

[2. A]

(b) Each new employee who is
hired by a school district as an administrator on or after July 1, 2011.

[3. A]

(c) Each postprobationary teacher
who is employed as an administrator on or after July 1, 2011.

Sec. 17. 1. Chapter
412, Statutes of Nevada 2011, at page 2561, is hereby amended by adding
thereto a new section to be designated as sec. 46.5, immediately following sec.
46, to read as follows:

Sec. 46.5. NRS
338.1908 is hereby amended to read as follows:

338.1908 1. The
governing body of each local government shall, by July 28, 2009, develop a plan
to retrofit public buildings, facilities and structures, including, without limitation,
traffic-control systems, and to otherwise use sources of renewable energy to
serve those buildings, facilities and structures. Such a plan must:

(a) [Be developed with input from one or more
energy retrofit coordinators designated pursuant to NRS 338.1907, if any.

(b)] Include a list of
specific projects. The projects must be prioritized and selected on the basis
of the following criteria:

(1) The length of
time necessary to commence the project.

(2) The number of
workers estimated to be employed on the project.

(3) The
effectiveness of the project in reducing energy consumption.

(4) The estimated
cost of the project.

(5) Whether the
project is able to be powered by or otherwise use sources of renewable energy.

(6) Whether the
project has qualified for participation in one or more of the following
programs:

(I) The
Solar Energy Systems Incentive Program created by NRS 701B.240;

(II) The
Renewable Energy School Pilot Program created by NRS 701B.350;

(III) The
Wind Energy Systems Demonstration Program created by NRS 701B.580; or

(IV) The
Waterpower Energy Systems Demonstration Program created by NRS 701B.820.

[(c)](b) Include a list
of potential funding sources for use in implementing the projects, including,
without limitation, money available through the Energy Efficiency and
Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants,
gifts, donations or other sources of money from public and private sources.

2. The governing
body of each local government shall transmit the plan developed pursuant to
subsection 1 to the Director of the Office of Energy and to any other entity
designated for that purpose by the Legislature.

3. As used in
this section:

(a) Local government
means each city or county that meets the definition of eligible unit of local
government as set forth in 42 U.S.C. § 17151 and each unit of local
government, as defined in subsection 12 of NRS 338.010, that does not meet the
definition of eligible entity as set forth in 42 U.S.C. § 17151.

(b) Renewable energy
means a source of energy that occurs naturally or is regenerated naturally,
including, without limitation:

(1) Biomass;

(2) Fuel cells;

(3) Geothermal
energy;

(4) Solar energy;

(5) Waterpower;
and

(6) Wind.

Κ
The term does not include coal, natural gas, oil, propane or any other fossil
fuel, or nuclear energy.

(c) Retrofit means to
alter, improve, modify, remodel or renovate a building, facility or structure
to make that building, facility or structure more energy-efficient.

2. Section 47
of chapter 412, Statutes of Nevada 2011, at page 2561, is hereby amended to
read as follows:

Sec. 47. NRS
338.1908 is hereby amended to read as follows:

338.1908 1. The
governing body of each local government shall, by July 28, 2009, develop a plan
to retrofit public buildings, facilities and structures, including, without
limitation, traffic-control systems, and to otherwise use sources of renewable
energy to serve those buildings, facilities and structures. Such a plan must:

(a) Include a list of
specific projects. The projects must be prioritized and selected on the basis
of the following criteria:

(1) The length of
time necessary to commence the project.

(2) The number of
workers estimated to be employed on the project.

(3) The
effectiveness of the project in reducing energy consumption.

(4) The estimated
cost of the project.

(5) Whether the
project is able to be powered by or otherwise use sources of renewable energy.

(6) Whether the
project has qualified for participation in [one or more of the
following programs:

(I)The Solar Energy Systems Incentive Program created by NRS
701B.240;

(II)The]the Renewable Energy School Pilot Program
created by NRS 701B.350 . [;

(III)The Wind Energy Systems Demonstration Program created by NRS
701B.580; or

(IV)The Waterpower Energy Systems Demonstration Program created
by NRS 701B.820.]

(b) Include a list of
potential funding sources for use in implementing the projects, including,
without limitation, money available through the Energy Efficiency and
Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants,
gifts, donations or other sources of money from public and private sources.

2. The governing
body of each local government shall transmit the plan developed pursuant to
subsection 1 to the Director of the Office of Energy and to any other entity
designated for that purpose by the Legislature.

3. As used in
this section:

(a) Local government
means each city or county that meets the definition of eligible unit of local
government as set forth in 42 U.S.C. § 17151 and each unit of local
government, as defined in subsection 12 of NRS 338.010, that does not meet the
definition of eligible entity as set forth in 42 U.S.C. § 17151.

(b) Renewable energy
means a source of energy that occurs naturally or is regenerated naturally,
including, without limitation:

(1) Biomass;

(2) Fuel cells;

(3) Geothermal
energy;

(4) Solar energy;

(5) Waterpower;
and

(6) Wind.

Κ
The term does not include coal, natural gas, oil, propane or any other fossil
fuel, or nuclear energy.

(c) Retrofit means to
alter, improve, modify, remodel or renovate a building, facility or structure
to make that building, facility or structure more energy-efficient.

3. Section 49
of chapter 412, Statutes of Nevada 2011, at page 2562, is hereby amended to
read as follows:

Sec. 3. 1. If a child who is in the
custody of an agency which provides child welfare services has a prescription
for a psychotropic medication upon entering the custody of the agency or if the
agency determines that a child may be in need of psychiatric care, the agency
shall nominate, pending appointment by a court pursuant to section 7 of this
act, a person who is legally responsible for the psychiatric care of the child.
A person nominated pursuant to this subsection
shall be deemed to be the person who is legally responsible for the psychiatric
care of the child pending approval by a court pursuant to section 7 of this
act.

subsection shall be deemed to be the person who is legally
responsible for the psychiatric care of the child pending approval by a court
pursuant to section 7 of this act.

2. Upon nominating a person who is
legally responsible for the psychiatric care of a child pursuant to this
section, the agency which provides child welfare services shall petition the
court with jurisdiction over the child for the appointment of the nominee as
the person who is legally responsible for the psychiatric care of the child. A
petition filed pursuant to this subsection may be heard by the court at the
next hearing of the court conducted pursuant to NRS 432B.410 to 432B.590,
inclusive, and section 7 of this act or at a hearing for the express purpose of
appointing a person pursuant to section 7 of this act.

3. The person who is legally responsible
for the psychiatric care of a child may bea parent or legal guardian of the childor, if a parent or legal guardian of the
child is not able or willing to act as the person who is legally responsible
for the psychiatric care of the child:

(a)The
attorney for the child;

(b)The guardian ad litem of the child;

(c)The foster parent or other provider of substitute care for
the child;

(d)An employee of the agency which provides child welfare
services; or

(e)Any other person who a court determines is qualified to
carry out the duties and responsibilities prescribed by NRS 432B.197 and
sections 2 to 6, inclusive, of this act and any policies adopted pursuant
thereto.

362.120 1. The
Department shall, from the statement filed pursuant to NRS 362.110 and from all
obtainable data, evidence and reports, compute in dollars and cents the gross
yield and net proceeds of the calendar year immediately preceding the year in
which the statement is filed.

2. The gross
yield must include the value of any mineral extracted which was:

(a) Sold;

(b) Exchanged for any
thing or service;

(c) Removed from the
State in a form ready for use or sale; or

(d) Used in a
manufacturing process or in providing a service,

Κ
during that period.

3. The net
proceeds are ascertained and determined by subtracting from the gross yield the
following deductions for costs incurred during that period, and none other:

(a) The actual cost of
extracting the mineral[.] , which is limited to direct costs for
activities performed in the State of Nevada.

(b) The actual cost of
transporting the mineral to the place or places of reduction, refining and
sale.

(g)] Depreciation of the
original capitalized cost of the machinery, equipment, apparatus, works, plants
and facilities mentioned in paragraph (e). The annual depreciation charge
consists of amortization of the original cost in a manner prescribed by
regulation of the Nevada Tax Commission. The probable life of the property
represented by the original cost must be considered in computing the
depreciation charge.

[(h) All money
expended for premiums for industrial insurance, and the actual cost of hospital
and medical attention and accident benefits and group insurance for all
employees.

(i)](g) All money paid as contributions or
payments under the unemployment compensation law of the State of Nevada, as
contained in chapter 612 of NRS, all money paid as contributions under the
Social Security Act of the Federal Government, and all money paid to either the
State of Nevada or the Federal Government under any amendment to either or both
of the statutes mentioned in this paragraph.

[(j)](h) The costs of employee travel
which occurs within the State of Nevada and which is directly related to mining
operations within the State of Nevada.

(j) The actual cost of
developmental work in or about the mine or upon a group of mines when operated
as a unit[.

(k)], which is limited to work that is necessary to the
operation of the mine or group of mines.

(k) The costs of reclamation work in the years
the reclamation work occurred, including, without limitation, costs associated
with the remediation of a site.

(l) All money paid as royalties
by a lessee or sublessee of a mine or well, or by both, in determining the net
proceeds of the lessee or sublessee, or both.

4. Royalties
deducted by a lessee or sublessee constitute part of the net proceeds of the
minerals extracted, upon which a tax must be levied against the person to whom
the royalty has been paid.

5. Every person
acquiring property in the State of Nevada to engage in the extraction of
minerals and who incurs any of the expenses mentioned in subsection 3 shall
report those expenses and the recipient of any royalty to the Department on
forms provided by the Department.

the Department. The Department shall report annually to the Mining
Oversight and Accountability Commission the expenses and deductions of each
mining operation in the State of Nevada.

6. The several
deductions mentioned in subsection 3 do not include any expenditures for
salaries, or any portion of salaries, of any person not actually engaged in:

(a) The working of the
mine;

(b) The operating of
the mill, smelter or reduction works;

(c) The operating of
the facilities or equipment for transportation;

(d) Superintending the
management of any of those operations; [or]

(e) The State of
Nevada, in office, clerical or engineering work necessary or proper in
connection with any of those operations[.] ; or

(f) Nevada-based corporate services.

7. The following expenses are
specifically excluded from any deductions from the gross yield:

(a) The costs of employee housing.

(b) Except as otherwise provided in paragraph
(h) of subsection 3, the costs of employee travel.

(c) The costs of severing the employment of any
employees.

(d) Any dues paid to a third-party organization
or trade association to promote or advertise a product.

(e) Expenses relating to governmental relations
or to compensate a natural person or entity to influence legislative decisions.

(f) The costs of mineral exploration.

(g) Any federal, state or local taxes.

8. As used in this section,
Nevada-based corporate services means corporate services which are performed
in the State of Nevada from an office located in this State and which directly
support mining operations in this State, including, without limitation,
accounting functions relating to mining operations at a mine site in this State
such as payroll, accounts payable, production reporting, cost reporting, state
and local tax reporting and recordkeeping concerning property.

2. Section
12.7 of chapter 449, Statutes of Nevada 2011, at page 2696, is hereby
amended to read as follows:

Sec. 12.7. NRS
362.120 is hereby amended to read as follows:

362.120 1. The
Department shall, from the statement filed pursuant to NRS 362.110 and from all
obtainable data, evidence and reports, compute in dollars and cents the gross
yield and net proceeds of the calendar year immediately preceding the year in
which the statement is filed.

2. The gross
yield must include the value of any mineral extracted which was:

(3) All
facilities and equipment for transportation except those that are under the
jurisdiction of the Public Utilities Commission of Nevada or the Nevada
Transportation Authority.

(f) Depreciation of the
original capitalized cost of the machinery, equipment, apparatus, works, plants
and facilities mentioned in paragraph (e). The annual depreciation charge
consists of amortization of the original cost in a manner prescribed by
regulation of the Nevada Tax Commission. The probable life of the property
represented by the original cost must be considered in computing the
depreciation charge.

(g) All money expended for premiums for
industrial insurance, and the actual cost of hospital and medical attention and
accident benefits and group insurance for employees actually engaged in mining
operations within the State of Nevada.

(h) All money paid as
contributions or payments under the unemployment compensation law of the State
of Nevada, as contained in chapter 612 of NRS, all money paid as contributions
under the Social Security Act of the Federal Government, and all money paid to
either the State of Nevada or the Federal Government under any amendment to
either or both of the statutes mentioned in this paragraph.

[(h)](i) The costs of
employee travel which occurs within the State of Nevada and which is directly
related to mining operations within the State of Nevada.

[(j)](k) The actual cost
of developmental work in or about the mine or upon a group of mines when
operated as a unit, which is limited to work that is necessary to the operation
of the mine or group of mines.

[(k)](l) The costs of
reclamation work in the years the reclamation work occurred, including, without
limitation, costs associated with the remediation of a site.

[(l)](m) All money paid
as royalties by a lessee or sublessee of a mine or well, or by both, in
determining the net proceeds of the lessee or sublessee, or both.

4. Royalties
deducted by a lessee or sublessee constitute part of the net proceeds of the
minerals extracted, upon which a tax must be levied against the person to whom
the royalty has been paid.

5. Every person
acquiring property in the State of Nevada to engage in the extraction of
minerals and who incurs any of the expenses mentioned in subsection 3 shall
report those expenses and the recipient of any royalty to the Department on
forms provided by the Department. The Department shall report annually to the
Mining Oversight and Accountability Commission the expenses and deductions of
each mining operation in the State of Nevada.

6. The several
deductions mentioned in subsection 3 do not include any expenditures for
salaries, or any portion of salaries, of any person not actually engaged in:

(a) The working of the
mine;

(b) The operating of
the mill, smelter or reduction works;

(c) The operating of
the facilities or equipment for transportation;

(d) Superintending the
management of any of those operations;

(e) The State of
Nevada, in office, clerical or engineering work necessary or proper in
connection with any of those operations; or

(f) Nevada-based
corporate services.

7. The following
expenses are specifically excluded from any deductions from the gross yield:

(d) Any dues paid to a
third-party organization or trade association to promote or advertise a
product.

(e) Expenses relating
to governmental relations or to compensate a natural person or entity to
influence legislative decisions.

(f) The costs of
mineral exploration.

(g) Any federal, state
or local taxes.

8. As used in
this section, Nevada-based corporate services means corporate services which
are performed in the State of Nevada from an office located in this State and
which directly support mining operations in this State, including, without
limitation, accounting functions relating to mining operations at a mine site
in this State such as payroll, accounts payable, production reporting, cost
reporting, state and local tax reporting and recordkeeping concerning property.

Sec. 37. 1. This
section, sections 1 to 34, inclusive, and section 36 of this act become
effective:

(a) Upon passage and
approval for the purpose of adopting regulations and performing any preliminary
administrative tasks that are necessary to carry out the provisions of this
act; and

(b) On October 1, 2011,
for all other purposes.

2. Section 35 of
this act becomes effective on the date on which the provisions of 42 U.S.C. §
666 requiring each state to establish procedures under
which the state has authority to withhold or suspend, or to restrict the use of
professional, occupational and recreational licenses of persons who:

procedures under which the state has
authority to withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:

(a) Have failed to
comply with a subpoena or warrant relating to a proceeding to determine the
paternity of a child or to establish or enforce an obligation for the support
of a child; or

(b) Are in arrears in
the payment of the support of one or more children,

Κ
are repealed by the Congress of the United States.

3. Sections 26, 30 and 35 of this act
expire by limitation 2 years after the date on which the provisions of 42
U.S.C. § 666 requiring each state to establish procedures under which the state
has authority to withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:

(a) Have failed to
comply with a subpoena or warrant relating to a proceeding to determine the
paternity of a child or to establish or enforce an obligation for the support
of a child; or

(b) Are in arrears in
the payment for the support of one or more children,

231.260 The [Commission
on Tourism,]Department,
through [its]the Division of Tourism, shall:

1. Promote this
State so as to increase the number of domestic and international tourists.

2. Promote
special events and exhibitions which
are designed to increase tourism.

3. Develop a
State Plan to Promote Travel and Tourism in Nevada.

4. Develop a
comprehensive program of marketing and advertising, for both domestic and
international markets, which publicizes travel and tourism in Nevada in order
to attract more visitors to this State or lengthen their stay.

5. Provide and
administer grants of money or matching grants to political subdivisions of the
State, to fair and recreation boards, and to local or regional organizations
which promote travel and tourism, to assist them in:

(a) Developing local
programs for marketing and advertising which are consistent with the State
Plan.

(b) Promoting specific
events and attractions in their communities.

(c) Evaluating the
effectiveness of the local programs and events.

Κ
Each recipient must provide an amount of money, at least equal to the grant,
for the same purpose, except, in a county whose population is less than 50,000,
the [Commission]Division of Tourism may, if convinced that the
recipient is financially unable to do so, provide a grant with less than equal
matching money provided by the recipient.

6. Coordinate and
assist the programs of travel and tourism of counties, cities, local and
regional organizations for travel and tourism, fair and recreation boards and
transportation authorities in the State.

the State. Local governmental
agencies which promote travel and tourism shall coordinate their promotional
programs with those of the [Commission.] Division of Tourism.

7. Encourage
cooperation between public agencies and private persons who have an interest in
promoting travel and tourism in Nevada.

8. Compile or
obtain by contract, keep current and disseminate statistics and other marketing
information on travel and tourism in Nevada.

9. Prepare and
publish[,
with the assistance of the Division of Publications,]
brochures, travel guides, directories and other materials which promote travel
and tourism in Nevada.

10. Publish or cause to be published a
magazine to be known as the Nevada Magazine. The Nevada Magazine must contain
materials which educate the general public about this State and thereby foster
awareness and appreciation of Nevadas heritage, culture, historical monuments,
natural wonders and natural resources.

2. Section 35
of chapter 479, Statutes of Nevada 2011, at page 2945, is hereby amended to
read as follows:

Sec. 35. NRS
233F.045 is hereby amended to read as follows:

233F.045 Communications
[Unit]Group means the Communications [Unit]Group of the
Communication and Computing [Division]Unit of the [Department.] Division.

3. Section 37
of chapter 479, Statutes of Nevada 2011, at page 2945, is hereby amended to
read as follows:

Sec. 37. NRS
233F.065 is hereby amended to read as follows:

233F.065 Telecommunications
[Unit]Group means the Telecommunications [Unit]Group of the
Communication and Computing [Division]Unit of the [Department.] Division.

4. Section 52
of chapter 479, Statutes of Nevada 2011, at page 2949, is hereby amended to
read as follows:

[4.]2. Must be
selected with special reference to the persons training, experience, capacity
and interest in the field of personnel administration. The knowledge and
abilities of the person selected as the [Director]Administrator should
include:

(a) A comprehensive
knowledge of the principles and practices of personnel administration.

(b) A working knowledge
of job and salary classification methods.

(c) An extensive
knowledge of the organization and operations of state departments, agencies and
institutions, and of statutes and regulations concerning government personnel.

(d) An extensive
knowledge of principles of public organization and administration.

(e) Administrative
ability in the direction of staff analyses of government salaries and
positions, and in the maintenance of effective working relationships with all
state officials concerned with personnel.

(f) Ability to organize
and present clearly oral and written reports of findings and recommendations.

[5.]3. Must have
progressively responsible experience in personnel administration in an amount
to be determined by the Commission and have been graduated from an accredited
4-year college or university, or have an equivalent combination of experience
in personnel administration or training, substituting 2 years of experience for
1 year of training.

6. Chapter 479, Statutes of Nevada 2011, at
page 2965, is hereby amended by adding thereto new sections to be
designated as secs. 87.3 and 87.5, respectively, immediately following sec. 87,
to read as follows:

Sec. 87.3. NRS
341.041 is hereby amended to read as follows:

341.041 1. If
[a]an appointed member of the Board fails to
attend three successive meetings of the Board, the Board shall provide notice
of that fact, in writing, to the appointing authority who appointed that
member.

2. The notice
must be provided to the appointing authority within 5 days after the third
successive meeting that the member fails to attend.

3. Upon receipt
of the notice, the appointing authority may appoint a person to replace the
member in the same manner as filling a vacancy on the Board.

Sec. 87.5. NRS
341.050 is hereby amended to read as follows:

341.050 1. Each
appointed member of
the Board is entitled to receive a salary of not more than $80 per day, as
fixed by the Board, while engaged in the business of the Board.

2. Except as
otherwise provided in this subsection, while engaged in the business of the
Board, each member and employee of the Board is entitled to receive the per
diem allowance and travel expenses provided for state officers and employees
generally. The per diem allowances and travel expenses
must be paid from money appropriated for the use of the Board, to the extent
such money is available.

(a) One member who is a teacher or other person
licensed pursuant to chapter 391 of NRS or who previously held such a license
and is retired, as long as his or her license was held in good standing.

(b) One member who [previously
held a license to teach pursuant to chapter 391 of NRS] :

(1) Satisfies the qualifications of
paragraph (a); or

(2) Is a school administrator with a
license issued by another state or who previously held such a license and is
retired, as long as his or her license was held in good standing . [, including, without
limitation, a retired teacher.

(b)]

(c) One parent or legal guardian of a pupil enrolled
in the charter school who is not a teacher or an administrator at the charter
school.

[May consist of,]

(d) Two members who possess knowledge and
experience in one or more of the following areas:

(1) Accounting;

(2) Financial services;

(3) Law; or

(4) Human resources.

2. In addition to the members who serve
pursuant to subsection 1, the governing body of a charter school may include, without
limitation, parents and representatives of nonprofit organizations and businesses.
Not more than two persons who serve on the governing body may represent the
same organization or business or otherwise represent the interests of the same
organization or business. A majority of the members of the governing body must
reside in this State. If the membership of the governing body changes, the
governing body shall provide written notice to the sponsor of the charter
school within 10 working days after such change.

[2.]3. A person
may serve on the governing body only if the person submits an affidavit to the
Department indicating that the person:

(a) Has not been
convicted of a felony relating to serving on the governing body of a charter
school or any offense involving moral turpitude.

(b) Has read and
understands material concerning the roles and responsibilities of members of
governing bodies of charter schools and other material designed to assist the
governing bodies of charter schools, if such material is provided to the person
by the Department.

[3.]4. The
governing body of a charter school is a public body. It is hereby given such
reasonable and necessary powers, not conflicting with the Constitution and the
laws of the State of Nevada, as may be requisite to attain the ends for which
the charter school is established and to promote the welfare of pupils who are
enrolled in the charter school.

[4.]5. The
governing body of a charter school shall, during each calendar quarter, hold at
least one regularly scheduled public meeting in the county in which the charter
school is located. Upon an
affirmative vote of a majority of the membership of the governing body, each
member is entitled to receive a salary of not more than $80 for attendance at
each meeting, as fixed by the governing body, not to exceed payment for more
than one meeting per month.

[5.]6. As used in
subsection 1, teacher means a person who:

(a) Holds a current
license to teach issued pursuant to chapter 391 of NRS[;]or who previously held such a license
and is retired, as long as his or her license was held in good standing; and

(b) Has at least 2
years of experience as an employed teacher.

Κ
The term does not include a person who is employed as a substitute teacher.

293.560 1. Except
as otherwise provided in NRS 293.502, registration must close [at
9 p.m.] on the third Tuesday preceding any primary or
general election and [at 9 p.m.] on the third Saturday
preceding any recall or special election, except that if a recall or special
election is held on the same day as a primary or general election, registration
must close [at 9 p.m.] on the third Tuesday
preceding the day of the elections.

2. [The] For a primary or special election, the
office of the county clerk must be open [from 9 a.m. to 5 p.m. and
from] until
7 p.m. [to 9 p.m., including Saturdays,] during
the last 2 days [before
the close of]on
which registration [, according to the following schedule:

(a)]is open. In a county whose population is less
than 100,000, the office of the county clerk [must be open during the
last day before registration closes.

(b) In all other counties, the office of the
county clerk must be open during the last 5 days before registration closes.] may close at 5 p.m. during the last 2
days before registration closes if approved by the board of county
commissioners.

3. For a general election:

(a) In a county whose population is less than
100,000, the office of the county clerk must be open until 7 p.m. during the
last 2 days on which registration is open.

on which registration is open. The office of the county
clerk may close at 5 p.m. if approved by the board of county commissioners.

(b) In a county whose population is 100,000 or
more, the office of the county clerk must be open during the last 4 days on
which registration is open, according to the following schedule:

(1) On weekdays until 9 p.m.; and

(2) A minimum of 8 hours on Saturdays,
Sundays and legal holidays.

4. Except for a special
election held pursuant to chapter 306 or 350 of NRS:

(a) The county clerk of
each county shall cause a notice signed by him or her to be published in a
newspaper having a general circulation in the county indicating:

(1) The day and time that registration
will be closed; and

(2) If the county
clerk has designated a county facility pursuant to NRS 293.5035, the location
of that facility.

Κ
If no such newspaper is published in the county, the publication may be made in
a newspaper of general circulation published in the nearest county in this
State.

(b) The notice must be
published once each week for 4 consecutive weeks next preceding the close of
registration for any election.

[4.]5. The
offices of the county clerk, a county facility designated pursuant to NRS
293.5035 and other ex officio registrars may remain open on the last Friday in
October in each even-numbered year.

[5.]6. For the
period beginning on the fifth Sunday preceding any primary or general election
and ending on the third Tuesday preceding any primary or general election, an
elector may register to vote only by appearing in person at the office of the
county clerk or, if open, a county facility designated pursuant to NRS
293.5035.

[6.]7. A county
facility designated pursuant to NRS 293.5035 may be open during the periods
described in this section for such hours of operation as the county clerk may
determine, as set forth in subsection 3 of NRS 293.5035.

2. Section 13
of chapter 485, Statutes of Nevada 2011, at page 3073, is hereby amended to
read as follows:

Sec. 13. NRS
293C.527 is hereby amended to read as follows:

293C.527 1. Except
as otherwise provided in NRS 293.502, registration must close [at
9 p.m.] on the third Tuesday preceding any primary city
election or general city election and [at 9 p.m.]
on the third Saturday preceding any recall or special election, except that if
a recall or special election is held on the same day as a primary city election
or general city election, registration must close [at 9 p.m.]
on the third Tuesday preceding the day of the elections.

2. [The]For a primary city election or
special city election, the office of the city clerk must be open [from
9 a.m. to 5 p.m. and from] until 7 p.m. [to 9 p.m., including
Saturdays,] during the last 2 days [before the close of
registration before a primary city election or general city election, according
to the following schedule:

(a) In a city whose population is less than
25,000, the office of the city clerk must be open during the last 3 days before
registration closes.

(b) In a city whose population is 25,000 or
more, the office of the city clerk must be open during the last 5 days before
registration closes.] on which registration is open. In a city whose population
is less than 25,000, the office of the city clerk may close at 5 p.m. if
approved by the governing body of the city.

3. For a general election:

(a) In a city whose population is less than
25,000, the office of the city clerk must be open until 7 p.m. during the last
2 days on which registration is open. The office of the city clerk may close at
5 p.m. if approved by the governing body of the city.

(b) In a city whose population is 25,000 or
more, the office of the city clerk must be open during the last 4 days on which
registration is open, according to the following schedule:

(1) On weekdays until 9 p.m.; and

(2) A minimum of 8 hours on Saturdays,
Sundays and legal holidays.

4. Except for a special
election held pursuant to chapter 306 or 350 of NRS:

(a) The city clerk of
each city shall cause a notice signed by him or her to be published in a
newspaper having a general circulation in the city indicating:

(1) The day and time that registration
will be closed; and

(2) If the city
clerk has designated a municipal facility pursuant to NRS 293C.520, the location
of that facility.

Κ
If no newspaper is of general circulation in that city, the publication may be
made in a newspaper of general circulation in the nearest city in this State.

(b) The notice must be
published once each week for 4 consecutive weeks next preceding the close of
registration for any election.

[4.]5. For the
period beginning on the fifth Sunday preceding any primary city election or
general city election and ending on the third Tuesday preceding any primary
city election or general city election, an elector may register to vote only by
appearing in person at the office of the city clerk or, if open, a municipal
facility designated pursuant to NRS 293C.520.

[5.]6. A
municipal facility designated pursuant to NRS 293C.520 may be open during the
periods described in this section for such hours of operation as the city clerk
may determine, as set forth in subsection 3 of NRS 293C.520.

218A.645 1. The
per diem [expense] allowance and the travel and
telephone expenses of [Senators, Assemblymen and Assemblywomen elected or appointed
and]Legislators
in attendance at any regular
or special session or presession orientation conference of the
Legislature must be allowed in the manner set forth in this section.

2. For initial
travel from the Legislators home to Carson City, Nevada, to attend a regular or special session
or presession orientation conference of the Legislature, and for return travel
from Carson City, Nevada, to the Legislators home upon adjournment sine die of
a regular or special session
or termination of a presession orientation conference ,[of the Legislature, each
Senator, Assemblyman and Assemblywoman]eachLegislator is entitled to receive:

(a) A per diem expense
allowance, not to exceed the maximum rate established by the Federal Government
for the Carson City area, for 1 days travel to and 1 days travel from the regular or special session
or presession orientation conference.

(b) Travel expenses.

3. In addition
to the per diem allowance and
travel expenses authorized by subsection 2, each [Senator, Assemblyman and
Assemblywoman]Legislator is entitled to receive a supplemental allowance
which must not exceed:

(a) A total of $10,000
during each regular session [of the Legislature] for:

(1) The
Legislators actual expenses in moving to and from Carson City for the regular session;

(2) Travel to and
from the Legislators home or temporary residence or for traveling to and from
legislative committee and subcommittee meetings or hearings or for individual
travel within the State which relates to legislative business;

(3) If the
Legislator rents furniture for the Legislators temporary residence rather than
moving similar furniture from the Legislators home, the cost of renting that
furniture not to exceed the amount that it would have cost to move the
furniture to and from the Legislators home; and

(4) If:

(I) The
Legislators home is more than 50 miles from Carson City; and

(II) The
Legislator maintains temporary quarters in or near Carson City for which the
Legislator has entered into a lease or other agreement for occupancy during a
regular [legislative] session,

Κ
the cost of such additional housing, paid at the end of each month during the [legislative]regular session,
beginning the month of the first day of the [legislative]regular session and
ending the month of the adjournment sine die of the [legislative]regular session, in
an amount that is the fair market rent for a one bedroom unit in Carson City as
published by the United States Department of Housing and Urban Development
prorated for the number of days of the month that the Legislator actually
maintained the temporary quarters in or near Carson City. For the purposes of this
subparagraph, any day before the first day of the [legislative]regular session or
after the day of the adjournment sine die of the [legislative]regular session may
not be counted as a day for which the Legislator actually maintained such
temporary quarters; and

(b) A total of $1,200
during each special session [of the Legislature] for travel to and
from the Legislators home or temporary residence or for traveling to and from
legislative committee and subcommittee meetings or
hearings or for individual travel within the State which relates to legislative
business.

subcommittee meetings or hearings or
for individual travel within the State which relates to legislative business.

4. Each [Senator,
Assemblyman and Assemblywoman]Legislator is entitled to receive a per diem
expense allowance, not to exceed the maximum rate established by the Federal
Government for the Carson City area[, for]:

(a) For each day that the
Legislature is in regular or
special session or in a presession orientation conference ; and [for]

(b) For each day that the
Legislator attends a meeting of a standing committee of which the Legislator is
a member when the Legislature has adjourned for more than 4 days.

5. Each [Senator,
Assemblyman and Assemblywoman]Legislator who maintains temporary quarters in
or near Carson City for which the Legislator has entered into a lease or other
agreement for continuous occupancy for the duration of a [legislative]regular or special session
is entitled to receive a lodging allowance equal to that portion of the expense
allowance which the Legislative Commission designates by rule as being
allocated to lodging, for not more than 14 days in each period in which:

(a) The Legislature has
adjourned until a time certain; and

(b) The [Senator,
Assemblyman or Assemblywoman]Legislator is not entitled to a per diem [expense]
allowance pursuant to subsection 4.

6. In addition
to the per diem [expense] allowance authorized by
subsection 4 and the lodging allowance authorized by subsection 5, each [Senator,
Assemblyman and Assemblywoman]Legislator who maintains temporary quarters in
or near Carson City for which the Legislator has entered into a lease or other
agreement for continuous occupancy for the duration of a [legislative]regular or special session
is entitled to receive a lodging allowance equal to that portion of the expense
allowance which the Legislative Commission designates by rule as being
allocated to lodging, for not more than 17 days in each period in which:

(a) The Legislature has
adjourned for more than 4 days; and

(b) The [Senator,
Assemblyman or Assemblywoman]Legislator must obtain temporary lodging in a
location that a standing committee of which the Legislator is a member is
meeting.

7. Each [Senator,
Assemblyman and Assemblywoman]Legislator is entitled to receive a lodging
allowance equal to that portion of the expense allowance which the Legislative
Commission designates by rule as being allocated to lodging, for not more than
6 days in each period in which:

(a) The Legislature has
adjourned for more than 4 days; and

(b) The [Senator,
Assemblyman or Assemblywoman]Legislator must obtain temporary lodging in a
location that a standing committee of which the Legislator is a member is
meeting,

Κ
if the [Senator, Assemblyman or Assemblywoman]Legislator is not entitled
to the per diem [expense] allowance authorized by
subsection 4 or the lodging allowances authorized by subsections 5 and 6.

8. Each [Senator,
Assemblyman and Assemblywoman]Legislator is entitled to receive a telephone
allowance of [not]:

(a) Not more than $2,800 for the
payment of tolls and charges incurred by the Legislator in the performance of
official business during each regular session ;[of the Legislature]
and [not]

(b) Not more than $300 during
each special session .[of the Legislature.]

9. An employee
of the Legislature assigned to serve a standing committee is entitled to
receive the travel expenses and per diem allowance provided for state officers
and employees generally if the employee is required to attend a hearing of the
committee outside Carson City.

10. Claims for
per diem expense allowances authorized by subsection 4 and lodging allowances
authorized by subsections 5, 6 and 7 must be paid once each week during a [legislative]regular or special session
and upon completion of a presession orientation conference.

11. A claim for
travel expenses authorized by subsection 2 or 3 must not be paid unless the [Senator,
Assemblyman or Assemblywoman]Legislator submits a signed statement
affirming:

(a) The date of the
travel; and

(b) The places of
departure and arrival and, if the travel is by private conveyance, the actual
miles traveled. If the travel is not by private conveyance, the claim must
include a receipt or other evidence of the expenditure.

12. Travel
expenses authorized by subsections 2 and 3 are limited to:

(a) If the travel is by
private conveyance, a rate equal to the standard mileage reimbursement rate for
which a deduction is allowed for the purposes of federal income tax. If two or
more Legislators travel in the same private conveyance, the Legislator who
provided or arranged for providing the transportation is presumed entitled to
reimbursement.

(b) If the travel is
not by private conveyance, the actual amount expended.

Κ
Transportation must be by the most economical means, considering total cost,
time spent in transit and the availability of state-owned automobiles.

2. Section 64
of chapter 498, Statutes of Nevada 2011, at page 3178, is hereby amended to
read as follows:

Sec. 64. NRS
218A.925 is hereby amended to read as follows:

218A.925 1. Either
House [of the Legislature] may imprison for
contempt any person who interferes with the legislative process while the
Legislature is in a regular or
special session. Such imprisonment [shall]must not extend
beyond the final adjournment of the regular or special session.

2. If the
contempt is committed before the House, any member of the House may offer a resolution that the
alleged offender be cited for contempt. If the resolution is adopted[, a citation shall issue.] by the House, the House shall issue a
citation.

3. If the
contempt is committed before a committee of the House or a joint committee or
commission which includes members of the House, during a [legislative]regular or special session,
[a resolution to cite for contempt may be offered by]
any member of the House who is a member of the committee
or commission [,] may offer a resolution that the alleged offender be cited for
contempt, but only if the resolution is first approved by a majority vote of
the committee or commission.

who is a member of the committee or
commission[,]may offer a resolution that the
alleged offender be cited for contempt, but only if the
resolution is first approved by a majority vote of the committee or commission.
[A citation shall then issue if]If the resolution is
adopted by the House[.] , the House shall issue a citation.

4. The citation [shall]must be served
personally on each alleged offender
named in the resolution[,
and shall]and
must contain:

(a) A statement of the
terms or substance of the offense or offenses which caused the citation to be
issued; and

(b) A statement of the
time and place of the hearing before the House.

5. The citation
may be served by any peace officer or by the Sergeant at Arms or any regularly
appointed [assistants of the]Assistant Sergeant at Arms[.] of the House.

3. Section 65
of chapter 498, Statutes of Nevada 2011, at page 3178, is hereby amended to
read as follows:

Sec. 65. NRS
218A.930 is hereby amended to read as follows:

218A.930 1. The
time and place stated in the
citation for the hearing
[shall allow]must afford the alleged offender a reasonable opportunity
to prepare an appropriate defense.

2. Section 56
of chapter 501, Statutes of Nevada 2011, at page 3303, is hereby amended to
read as follows:

Sec. 56. (Deleted
by amendment.)

3. Section 59
of chapter 501, Statutes of Nevada 2011, at page 3304, is hereby amended to
read as follows:

Sec. 59. NRS
294A.373 is hereby amended to read as follows:

294A.373 1. The
Secretary of State shall design a single form to be used for all reports of
campaign contributions and expenses or expenditures that are required to be
filed pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150,
294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283, 294A.360 and 294A.362
and reports of contributions received by and expenditures made from a legal
defense fund that are required to be filed pursuant to NRS 294A.286.

2. The form
designed by the Secretary of State pursuant to this section must only request
information specifically required by statute.

3. Upon request,
the Secretary of State shall provide a copy of the form designed pursuant to
this section to each person, committee, political party[,]and group [and
business entity] that is required to file a report described
in subsection 1.

4. The Secretary
of State must obtain the advice and consent of the Legislative Commission
before providing a copy of a form designed or revised by
the Secretary of State pursuant to this section to a person, committee,
political party [,] or group [or business entity] that is required to use the
form.

designed or revised by the Secretary
of State pursuant to this section to a person, committee, political party[,]or group [or
business entity] that is required to use the form.

4. Section 61
of chapter 501, Statutes of Nevada 2011, at page 3305, is hereby amended to
read as follows:

Sec. 61. NRS
294A.390 is hereby amended to read as follows:

294A.390 The
officer from whom a candidate or entity requests a form for:

1. A declaration
of candidacy;

2. An acceptance
of candidacy;

3. The
registration of a committee for political action pursuant to NRS 294A.230[,]or a committee for the
recall of a public officer pursuant to NRS 294A.250 ;[or a business entity that
wishes to engage in certain political activity pursuant to NRS 294A.377;]

4. The reporting
of the creation of a legal defense fund pursuant to NRS 294A.286; or

5. The reporting
of campaign contributions, expenses or expenditures pursuant to NRS 294A.120,
294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280,
294A.283 or 294A.360 and the reporting of contributions received by and
expenditures made from a legal defense fund pursuant to NRS 294A.286,

Κ
shall furnish the candidate with the necessary forms for reporting and copies
of the regulations adopted by the Secretary of State pursuant to this chapter.
An explanation of the applicable provisions of NRS 294A.100, 294A.120,
294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280,
294A.283 or 294A.360 relating to the making, accepting or reporting of campaign
contributions, expenses or expenditures and the penalties for a violation of
those provisions as set forth in NRS 294A.100 or 294A.420, and an explanation
of NRS 294A.286 and 294A.287 relating to the accepting or reporting of
contributions received by and expenditures made from a legal defense fund and
the penalties for a violation of those provisions as set forth in NRS 294A.287
and 294A.420, must be developed by the Secretary of State and provided upon
request. The candidate or entity shall acknowledge receipt of the material.

5. Section 62
of chapter 501, Statutes of Nevada 2011, at page 3305, is hereby amended to
read as follows:

Sec. 62. NRS
294A.400 is hereby amended to read as follows:

294A.400 The
Secretary of State shall, within 30 days after receipt of the reports required
by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210,
294A.220, 294A.270, 294A.280, 294A.283 and 294A.286, prepare and make available
for public inspection a compilation of:

1. The total
campaign contributions, the contributions which are in excess of $100 and the
total campaign expenses of each of the candidates from whom reports of those
contributions and expenses are required.

2. The total
amount of loans to a candidate guaranteed by a third party, the total amount of
loans made to a candidate that have been forgiven and the
total amount of written commitments for contributions received by a candidate.

forgiven and the total amount of
written commitments for contributions received by a candidate.

3. The
contributions made to a committee for the recall of a public officer in excess
of $100.

4. The
expenditures exceeding $100 made by a:

(a) Person on behalf of
a candidate other than the person.

(b) Group of persons [or
business entity] advocating the election or defeat of a
candidate.

(c) Committee for the
recall of a public officer.

5. The
contributions in excess of $100 made to:

(a) A person who is not
under the direction or control of a candidate or group of candidates or of any
person involved in the campaign of the candidate or group who makes an
expenditure on behalf of the candidate or group which is not solicited or approved
by the candidate or group.

(b) A committee for
political action, political party[,]or committee
sponsored by a political party [or business entity] which makes an
expenditure on behalf of a candidate or group of candidates.

6. The
contributions in excess of $1,000 made to and the expenditures exceeding $1,000
made by a:

(a) Person or group of
persons organized formally or informally[, including a business
entity] who advocates the passage or defeat of a question
or group of questions on the ballot and who receives or expends money in an
amount in excess of $10,000 for such advocacy, except as otherwise provided in
paragraph (b).

(b) Person or group of
persons organized formally or informally[, including a business
entity,] who advocates the passage or defeat of a
constitutional amendment or statewide measure proposed by an initiative or
referendum, including, without limitation, the initiation or circulation
thereof, and who receives or expends money in an amount in excess of $10,000
for such advocacy.

7. The total
contributions received by and expenditures made from a legal defense fund.

6. Section 63
of chapter 501, Statutes of Nevada 2011, at page 3306, is hereby amended to
read as follows:

Sec. 63. NRS
294A.420 is hereby amended to read as follows:

294A.420 1. If
the Secretary of State receives information that a person or entity that is
subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150,
294A.200, 294A.210, 294A.220, [294A.227,] 294A.230, 294A.270, 294A.280,
294A.283, 294A.286 or 294A.360 has not filed a report or form for registration
pursuant to the applicable provisions of those sections, the Secretary of State
may, after giving notice to that person or entity, cause the appropriate
proceedings to be instituted in the First Judicial District Court.

2. Except as
otherwise provided in this section, a person or entity that violates an
applicable provision of [NRS 294A.112, 294A.120, 294A.128, 294A.130, 294A.140,
294A.150, 294A.160, 294A.200, 294A.210, 294A.220, 294A.227, 294A.230, 294A.270,
294A.280, 294A.283, 294A.286, 294A.300, 294A.310 or 294A.360]this chapter is
subject to a civil penalty of not more than $5,000 for each violation and
payment of court costs and attorneys fees. The civil penalty must be recovered
in a civil action brought in the name of the State of
Nevada by the Secretary of State in the First Judicial District Court and
deposited by the Secretary of State for credit to the State General Fund in the
bank designated by the State Treasurer.

of the State of Nevada by the
Secretary of State in the First Judicial District Court and deposited by the
Secretary of State for credit to the State General Fund in the bank designated
by the State Treasurer.

3. If a civil
penalty is imposed because a person or entity has reported its contributions,
expenses or expenditures after the date the report is due, except as otherwise
provided in this subsection, the amount of the civil penalty is:

(a) If the report is
not more than 7 days late, $25 for each day the report is late.

(b) If the report is
more than 7 days late but not more than 15 days late, $50 for each day the
report is late.

(c) If the report is
more than 15 days late, $100 for each day the report is late.

Κ
A civil penalty imposed pursuant to this subsection against a public officer
who by law is not entitled to receive compensation for his or her office or a
candidate for such an office must not exceed a total of $100 if the public
officer or candidate received no contributions and made no expenditures during
the relevant reporting periods.

4. For good
cause shown, the Secretary of State may waive a civil penalty that would
otherwise be imposed pursuant to this section. If the Secretary of State waives
a civil penalty pursuant to this subsection, the Secretary of State shall:

(a) Create a record
which sets forth that the civil penalty has been waived and describes the
circumstances that constitute the good cause shown; and

(b) Ensure that the
record created pursuant to paragraph (a) is available for review by the general
public.

Sec. 132. 1. This
section and sections 9.5 and 51.9 of this act become effective upon passage and
approval.

2. Sections 1 to
9, inclusive, 10 to 51.7, inclusive, 52 to 56, inclusive, and 58 to 131,
inclusive, of this act become effective:

(a) Upon passage and
approval for the purpose of adopting regulations and performing any other
preparatory administrative tasks that are necessary to carry out the provisions
of this act; and

(b) On October 1, 2011,
for all other purposes.

3. Section 57 of
this act becomes effective on January 1, 2013.

4. Sections [23,
24, 25, 45, 47, 59, 60 and 122]24 and 25 of this act expire by limitation on
the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or to
restrict the use of professional, occupational and recreational licenses of
persons who:

(a) Have failed to
comply with a subpoena or warrant relating to a proceeding to determine the
paternity of a child or to establish or enforce an obligation for the support
of a child; or

(b) Are in arrears in
the payment for the support of one or more children,

(1) The waters of
Lake Tahoe and other resources of the region are threatened with deterioration
or degeneration, which endangers the natural beauty and economic productivity
of the region.

(2) The public
and private interests and investments in the region are substantial.

(3) The region
exhibits unique environmental and ecological values which are irreplaceable.

(4) By virtue of
the special conditions and circumstances of the regions natural ecology,
developmental pattern, population distribution and human needs, the region is
experiencing problems of resource use and deficiencies of environmental
control.

(5) Increasing
urbanization is threatening the ecological values of the region and threatening
the public opportunities for use of the public lands.

(6) Maintenance
of the social and economic health of the region depends on maintaining the
significant scenic, recreational, educational, scientific, natural and public
health values provided by the Lake Tahoe Basin.

(7) There is a
public interest in protecting, preserving and enhancing these values for the
residents of the region and for visitors to the region.

(8) Responsibilities
for providing recreational and scientific opportunities, preserving scenic and
natural areas, and safeguarding the public who live, work and play in or visit
the region are divided among local governments, regional agencies, the states
of California and Nevada, and the Federal Government.

(9) In
recognition of the public investment and multistate and national significance
of the recreational values, the Federal Government has an interest in the
acquisition of recreational property and the management of resources in the
region to preserve environmental and recreational values, and the Federal
Government should assist the states in fulfilling their responsibilities.

(10) In order to
preserve the scenic beauty and outdoor recreational opportunities of the
region, there is a need to insure an equilibrium between the regions natural
endowment and its man-made environment.

(b) In order to enhance
the efficiency and governmental effectiveness of the region, it is imperative
that there be established a Tahoe Regional Planning Agency with the powers
conferred by this compact including the power to establish environmental
threshold carrying capacities and to adopt and enforce a regional plan and
implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and
development consistent with such capacities.

capacities while providing
opportunities for orderly growth and development consistent with such
capacities.

(c) The Tahoe Regional
Planning Agency shall interpret and administer its plans, ordinances, rules and
regulations in accordance with the provisions of this compact.

ARTICLE II. Definitions

As used in
this compact:

(a) Region, includes
Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City,
which for the purposes of this compact shall be deemed a county, lying within
the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties
of Placer and El Dorado lying within the Tahoe Basin in the State of California,
and that additional and adjacent part of the County of Placer outside of the
Tahoe Basin in the State of California which lies southward and eastward of a
line starting at the intersection of the basin crestline and the north boundary
of Section 1, thence west to the northwest corner of Section 3, thence south to
the intersection of the basin crestline and the west boundary of Section 10;
all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The
region defined and described herein shall be as precisely delineated on
official maps of the agency.

(f) Gaming means to
deal, operate, carry on, conduct, maintain or expose for play any banking or percentage
game played with cards, dice or any mechanical device or machine for money,
property, checks, credit or any representative of value, including, without
limiting the generality of the foregoing, faro, monte, roulette, keno, bingo,
fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps,
stud poker, draw poker or slot machine, but does not include social games
played solely for drinks, or cigars or cigarettes served individually, games
played in private homes or residences for prizes or games operated by
charitable or educational organizations, to the extent excluded by applicable
state law.

(g) Restricted gaming
license means a license to operate not more than 15 slot machines on which a
quarterly fee is charged pursuant to NRS 463.373 and no other games.

(h) Project means an
activity undertaken by any person, including any public agency, if the activity
may substantially affect the land, water, air, space or any other natural
resources of the region.

(i) Environmental threshold
carrying capacity means an environmental standard necessary to maintain a
significant scenic, recreational, educational, scientific or natural value of
the region or to maintain public health and safety within the region. Such
standards shall include but not be limited to standards
for air quality, water quality, soil conservation, vegetation preservation and
noise.

shall include but not be limited to
standards for air quality, water quality, soil conservation, vegetation
preservation and noise.

(j) Feasible means
capable of being accomplished in a successful manner within a reasonable period
of time, taking into account economic, environmental, social and technological
factors.

(k) Areas open to
public use means all of the areas within a structure housing gaming under a
nonrestricted license except areas devoted to the private use of guests.

(l) Areas devoted to
private use of guests means hotel rooms and hallways to serve hotel room
areas, and any parking areas. A hallway serves hotel room areas if more than 50
percent of the areas on each side of the hallway are hotel rooms.

(m) Nonrestricted
license means a gaming license which is not a restricted gaming license.

ARTICLE III. Organization

(a) There is created
the Tahoe Regional Planning Agency as a separate legal entity.

The governing body of the
agency shall be constituted as follows:

(1) California
delegation:

(A) One member
appointed by each of the County Boards of Supervisors of the Counties of El
Dorado and Placer and one member appointed by the City Council of the City of
South Lake Tahoe. Any such member may be a member of the county board of
supervisors or city council, respectively, and shall reside in the territorial
jurisdiction of the governmental body making the appointment.

(B) Two members
appointed by the Governor of California, one member appointed by the Speaker of
the Assembly of California and one member appointed by the Senate Rules
Committee of the State of California. The members appointed pursuant to this
subparagraph shall not be residents of the region and shall represent the
public at large within the State of California.

(2) Nevada delegation:

(A) One member
appointed by each of the boards of county commissioners of Douglas and Washoe
counties and one member appointed by the board of supervisors of Carson City.
Any such member may be a member of the board of county commissioners or board
of supervisors, respectively, and shall reside in the territorial jurisdiction
of the governmental body making the appointment.

(B) One member
appointed by the governor of Nevada, the secretary of state of Nevada or his
designee, and the director of the state department of conservation and natural
resources of Nevada or his designee. Except for the secretary of state and the
director of the state department of conservation and natural resources, the
members or designees appointed pursuant to this subparagraph shall not be
residents of the region. All members appointed pursuant to this subparagraph
shall represent the public at large within the State of Nevada.

(C) One member
appointed for a 1-year term by the six other members of the Nevada delegation.
If at least four members of the Nevada delegation are unable to agree upon the
selection of a seventh member within 60 days after the
effective date of the amendments to this compact or the occurrence of a vacancy
on the governing body for that state the governor of the State of Nevada shall
make such an appointment.

member within 60 days after the effective
date of the amendments to this compact or the occurrence of a vacancy on the
governing body for that state the governor of the State of Nevada shall make
such an appointment. The member appointed pursuant to this subparagraph may,
but is not required to, be a resident of the region within the State of Nevada.

(3) If any appointing
authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such
an appointment within 60 days after the effective date of the amendments to
this compact or the occurrence of a vacancy on the governing body, the governor
of the state in which the appointing authority is located shall make the
appointment. The term of any member so appointed shall be 1 year.

(4) The position of any
member of the governing body shall be deemed vacant if such a member is absent
from three consecutive meetings of the governing body in any calendar year.

(5) Each member and
employee of the agency shall disclose his economic interests in the region
within 10 days after taking his seat on the governing board or being employed
by the agency and shall thereafter disclose any further economic interest which
he acquires, as soon as feasible after he acquires it. As used in this
paragraph, economic interests means:

(A) Any business entity
operating in the region in which the member or employee has a direct or
indirect investment worth more than $1,000;

(B) Any real property
located in the region in which the member or employee has a direct or indirect
interest worth more than $1,000;

(C) Any source of
income attributable to activities in the region, other than loans by or
deposits with a commercial lending institution in the regular course of
business, aggregating $250 or more in value received by or promised to the
member within the preceding 12 months; or

(D) Any business entity
operating in the region in which the member or employee is a director, officer,
partner, trustee, employee or holds any position of management.

Κ
No member or employee of the agency shall make, or attempt to influence, an
agency decision in which he knows or has reason to know he has an economic
interest. Members and employees of the agency must disqualify themselves from
making or participating in the making of any decision of the agency when it is
reasonably foreseeable that the decision will have a material financial effect,
distinguishable from its effect on the public generally, on the economic
interests of the member or employee.

(b) The members of the
agency shall serve without compensation, but the expenses of each member shall
be met by the body which he represents in accordance with the law of that body.
All other expenses incurred by the governing body in the course of exercising
the powers conferred upon it by this compact unless met in some other manner
specifically provided, shall be paid by the agency out of its own funds.

(c) Except for the
secretary of state and director of the state department of conservation and
natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C),
the members of the governing body serve at the pleasure
of the appointing authority in each case, but each appointment shall be
reviewed no less often than every 4 years.

the governing body serve at the
pleasure of the appointing authority in each case, but each appointment shall
be reviewed no less often than every 4 years. Members may be reappointed.

(d) The governing body
of the agency shall meet at least monthly. All meetings shall be open to the
public to the extent required by the law of the State of California or the
State of Nevada, whichever imposes the greater requirement, applicable to local
governments at the time such meeting is held. The governing body shall fix a
date for its regular monthly meeting in such terms as the first Monday of each
month, and shall not change such date more often than once in any calendar
year. Notice of the date so fixed shall be given by publication at least once
in a newspaper or combination of newspapers whose circulation is general
throughout the region and in each county a portion of whose territory lies
within the region. Notice of any special meeting, except an emergency meeting,
shall be given by so publishing the date and place and posting an agenda at
least 5 days prior to the meeting.

(e) The position of a
member of the governing body shall be considered vacated upon his loss of any
of the qualifications required for his appointment and in such event the
appointing authority shall appoint a successor.

(f) The governing body
shall elect from its own members a chairman and vice chairman, whose terms of
office shall be 2 years, and who may be reelected. If a vacancy occurs in
either office, the governing body may fill such vacancy for the unexpired term.

(g) Four of the members
of the governing body from each state constitute a quorum for the transaction
of the business of the agency. The voting procedures shall be as follows:

(1) For adopting,
amending or repealing environmental threshold carrying capacities, the regional
plan, and ordinances, rules and regulations, and for granting variances from
the ordinances, rules and regulations, [the vote of]
at least [four of the]nine members of [each state agreeing with
the vote of at least four members of the other state shall be required]the governing body must agree to
take action. If [there is no vote of at least four of the members from one
state agreeing with the vote of at least four of the members of the other state
on the actions specified in this paragraph,]at least nine votes in favor of such
action are not cast, an action of rejection shall be deemed to
have been taken.

(2) For approving a
project, the affirmative vote of at least [five]four members from
the state in which the project is located and the affirmative vote of at least
nine members of the entire governing
body are required. If at least [five]four members of the governing body from the
state in which the project is located and at least nine members of the entire
governing body do not vote in favor of the project, upon a motion for approval,
an action of rejection shall be deemed to have been taken. A decision by the
agency to approve a project shall be supported by a statement of findings,
adopted by the agency, which indicates that the project complies with the
regional plan and with applicable ordinances, rules and regulations of the
agency.

(3) For routine
business and for directing the agencys staff on litigation and enforcement
actions, at least eight members of the governing body must agree to take
action. If at least eight votes in favor of such action are not cast, an action
of rejection shall be deemed to have been taken.

Κ
Whenever under the provisions of this compact or any ordinance, rule,
regulation or policy adopted pursuant thereto, the agency is required to review
or approve any project, public or private, the agency shall take final action
by vote, whether to approve, to require modification or to reject such project,
within 180 days after the application for such project is accepted as complete
by the agency in compliance with the agencys rules and regulations governing
such delivery unless the applicant has agreed to an extension of this time
limit. If a final action by vote does not take place within 180 days, the
applicant may bring an action in a court of competent jurisdiction to compel a
vote unless he has agreed to an extension. This provision does not limit the
right of any person to obtain judicial review of agency action under
subdivision (h) of Article VI. The vote of each member of the governing body
shall be individually recorded. The governing body shall adopt its own rules,
regulations and procedures.

(h) An advisory
planning commission shall be appointed by the agency. The commission shall
include: the chief planning officers of Placer County, El Dorado County, and
the City of South Lake Tahoe in California and of Douglas County, Washoe County
and Carson City in Nevada, the executive officer of the Lahontan Regional Water
Quality Control Board of the State of California, the executive officer of the
Air Resources Board of the State of California, the director of the state
department of conservation and natural resources of the State of Nevada, the
administrator of the division of environmental protection in the state department
of conservation and natural resources of the State of Nevada, the administrator
of the Lake Tahoe Management Unit of the United States Forest Service, and at
least four lay members with an equal number from each state, at least half of
whom shall be residents of the region. Any official member may designate an
alternate.

The term of office of each
lay member of the advisory planning commission shall be 2 years. Members may be
reappointed.

The position of each member
of the advisory planning commission shall be considered vacated upon loss of
any of the qualifications required for appointment, and in such an event the
appointing authority shall appoint a successor.

The advisory planning
commission shall elect from its own members a chairman and a vice chairman,
whose terms of office shall be 2 years and who may be reelected. If a vacancy
occurs in either office, the advisory planning commission shall fill such
vacancy for the unexpired term.

A majority of the members of
the advisory planning commission constitutes a quorum for the transaction of
the business of the commission. A majority vote of the quorum present shall be
required to take action with respect to any matter.

(i) The agency shall
establish and maintain an office within the region, and for this purpose the
agency may rent or own property and equipment.

equipment. Every plan, ordinance and
other record of the agency which is of such nature as to constitute a public
record under the law of either the State of California or the State of Nevada
shall be open to inspection and copying during regular office hours.

(j) Each authority
charged under this compact or by the law of either state with the duty of
appointing a member of the governing body of the agency shall by certified copy
of its resolution or other action notify the Secretary of State of its own
state of the action taken.

ARTICLE IV. Personnel

(a) The governing body
shall determine the qualification of, and it shall appoint and fix the salary
of, the executive officer of the agency, and shall employ such other staff and
legal counsel as may be necessary to execute the powers and functions provided
for under this compact or in accordance with any intergovernmental contracts or
agreements the agency may be responsible for administering.

(b) Agency personnel
standards and regulations shall conform insofar as possible to the regulations
and procedures of the civil service of the State of California or the State of
Nevada, as may be determined by the governing body of the agency; and shall be
regional and bistate in application and effect; provided that the governing
body may, for administrative convenience and at its discretion, assign the
administration of designated personnel arrangements to an agency of either
state, and provided that administratively convenient adjustments be made in the
standards and regulations governing personnel assigned under intergovernmental
agreements.

(c) The agency may
establish and maintain or participate in such additional programs of employee
benefits as may be appropriate to afford employees of the agency terms and
conditions of employment similar to those enjoyed by employees of California
and Nevada generally.

ARTICLE V. Planning

(a) In
preparing each of the plans required by this article and each amendment
thereto, if any, subsequent to its adoption, the planning commission after due
notice shall hold at least one public hearing which may be continued from time
to time, and shall review the testimony and any written recommendations
presented at such hearing before recommending the plan or amendment. The notice
required by this subdivision shall be given at least 20 days prior to the
public hearing by publication at least once in a newspaper or combination of
newspapers whose circulation is general throughout the region and in each
county a portion of whose territory lies within the region.

The planning commission shall
then recommend such plan or amendment to the governing body for adoption by
ordinance. The governing body may adopt, modify or reject the proposed plan or
amendment, or may initiate and adopt a plan or amendment without referring it
to the planning commission. If the governing body initiates
or substantially modifies a plan or amendment, it shall hold at least one
public hearing thereon after due notice as required in this subdivision.

initiates or substantially modifies
a plan or amendment, it shall hold at least one public hearing thereon after
due notice as required in this subdivision.

If a request is made for the
amendment of the regional plan by:

(1) A political
subdivision a part of whose territory would be affected by such amendment; or

(2) The owner or lessee
of real property which would be affected by such amendment,

Κ
the governing body shall complete its action on such amendment within 180 days
after such request is accepted as complete according to standards which must be
prescribed by ordinance of the agency.

(b) The agency shall
develop, in cooperation with the states of California and Nevada, environmental
threshold carrying capacities for the region. The agency should request the
Presidents Council on Environmental Quality, the United States Forest Service
and other appropriate agencies to assist in developing such environmental
threshold carrying capacities. Within 18 months after the effective date of the
amendments to this compact, the agency shall adopt environmental threshold
carrying capacities for the region.

(c) Within 1 year after
the adoption of the environmental threshold carrying capacities for the region,
the agency shall amend the regional plan so that, at a minimum, the plan and
all of its elements, as implemented through agency ordinances, rules and
regulations, achieves and maintains the adopted environmental threshold carrying
capacities. Each element of the plan shall contain implementation provisions
and time schedules for such implementation by ordinance. The planning
commission and governing body shall continuously review and maintain the
regional plan[.]and, in so doing, shall ensure
that the regional plan reflects changing economic conditions and the economic
effect of regulation on commerce. The regional plan shall consist
of a diagram, or diagrams, and text, or texts setting forth the projects and
proposals for implementation of the regional plan, a description of the needs
and goals of the region and a statement of the policies, standards and elements
of the regional plan.

The regional plan shall be a
single enforceable plan and includes all of the following correlated elements:

(1) A land-use plan for
the integrated arrangement and general location and extent of, and the criteria
and standards for, the uses of land, water, air, space and other natural
resources within the region, including but not limited to an indication or
allocation of maximum population densities and permitted uses.

(2) A transportation
plan for the integrated development of a regional system of transportation,
including but not limited to parkways, highways, transportation facilities,
transit routes, waterways, navigation facilities, public transportation
facilities, bicycle facilities, and appurtenant terminals and facilities for
the movement of people and goods within the region. The goal of transportation
planning shall be:

(A) To reduce dependency
on the automobile by making more effective use of existing transportation modes
and of public transit to move people and goods within the region; and

(B) To reduce to the
extent feasible air pollution which is caused by motor vehicles.

Κ
Where increases in capacity are required, the agency shall give preference to
providing such capacity through public transportation and public programs and
projects related to transportation. The agency shall review and consider all
existing transportation plans in preparing its regional transportation plan
pursuant to this paragraph.

The plan shall provide for an
appropriate transit system for the region.

The plan shall give
consideration to:

(A) Completion of the
Loop Road in the states of Nevada and California;

(B) Utilization of a
light rail mass transit system in the South Shore area; and

(C) Utilization of a
transit terminal in the Kingsbury Grade area.

Κ
Until the regional plan is revised, or a new transportation plan is adopted in
accordance with this paragraph, the agency has no effective transportation
plan.

(3) A conservation plan
for the preservation, development, utilization, and management of the scenic
and other natural resources within the basin, including but not limited to,
soils, shoreline and submerged lands, scenic corridors along transportation
routes, open spaces, recreational and historical facilities.

(4) A recreation plan
for the development, utilization, and management of the recreational resources
of the region, including but not limited to, wilderness and forested lands,
parks and parkways, riding and hiking trails, beaches and playgrounds, marinas,
areas for skiing and other recreational facilities.

(5) A public services
and facilities plan for the general location, scale and provision of public
services and facilities, which, by the nature of their function, size, extent
and other characteristics are necessary or appropriate for inclusion in the
regional plan.

In formulating and
maintaining the regional plan, the planning commission and governing body shall
take account of and shall seek to harmonize the needs of the region as a whole,
the plans of the counties and cities within the region, the plans and planning
activities of the state, federal and other public agencies and nongovernmental
agencies and organizations which affect or are concerned with planning and
development within the region.

(d) The regional plan
shall provide for attaining and maintaining federal, state, or local air and
water quality standards, whichever are strictest, in the respective portions of
the region for which the standards are applicable.

The agency may, however,
adopt air or water quality standards or control measures more stringent than
the applicable state implementation plan or the applicable federal, state, or
local standards for the region, if it finds that such additional standards or
control measures are necessary to achieve the purposes of this compact. Each
element of the regional plan, where applicable, shall, by ordinance, identify
the means and time schedule by which air and water quality standards will be
attained.

(e) Except for the
Regional Transportation Plan of the California Tahoe Regional Planning Agency,
the regional plan, ordinances, rules and regulations adopted by the California
Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional
plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency
for that portion of the Tahoe region located in the State of California. Such
plan, ordinance, rule or regulation may be amended or repealed by the governing
body of the agency. The plans, ordinances, rules and regulations of the Tahoe
Regional Planning Agency that do not conflict with, or are not addressed by,
the California Tahoe Regional Planning Agencys plans, ordinances, rules and
regulations referred to in this subdivision shall continue to be applicable
unless amended or repealed by the governing body of the agency. No provision of
the regional plan, ordinances, rules and regulations of the California Tahoe
Regional Planning Agency referred to in this subdivision shall apply to that
portion of the region within the State of Nevada, unless such provision is
adopted for the Nevada portion of the region by the governing body of the
agency.

(f) The regional plan,
ordinances, rules and regulations of the Tahoe Regional Planning Agency apply
to that portion of the region within the State of Nevada.

(g) The agency shall
adopt ordinances prescribing specific written findings that the agency must
make prior to approving any project in the region. These findings shall relate
to environmental protection and shall insure that the project under review will
not adversely affect implementation of the regional plan and will not cause the
adopted environmental threshold carrying capacities of the region to be
exceeded.

(h) The agency shall
maintain the data, maps and other information developed in the course of
formulating and administering the regional plan, in a form suitable to assure a
consistent view of developmental trends and other relevant information for the
availability of and use by other agencies of government and by private
organizations and individuals concerned.

(i) Where
necessary for the realization of the regional plan, the agency may engage in
collaborative planning with local governmental jurisdictions located outside
the region, but contiguous to its boundaries. In formulating and implementing
the regional plan, the agency shall seek the cooperation and consider the
recommendations of counties and cities and other agencies of local government,
of state and federal agencies, of educational institutions and research
organizations, whether public or private, and of civic groups and private
persons.

ARTICLE VI. Agencys Powers

(a) The governing body
shall adopt all necessary ordinances, rules, and regulations to effectuate the
adopted regional plan. Except as otherwise provided in this compact, every such
ordinance, rule or regulation shall establish a minimum standard applicable
throughout the region. Any political subdivision or public agency may adopt and
enforce an equal or higher requirement applicable to the same subject of
regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following:
water purity and clarity; subdivision; zoning; tree removal; solid waste
disposal; sewage disposal; land fills, excavations, cuts and grading; piers,
harbors, breakwaters or channels and other shoreline developments; waste
disposal in shoreline areas; waste disposal from boats; mobile-home parks;
house relocation; outdoor advertising; floodplain protection; soil and
sedimentation control; air pollution; and watershed protection.

contain standards including but not
limited to the following: water purity and clarity; subdivision; zoning; tree
removal; solid waste disposal; sewage disposal; land fills, excavations, cuts
and grading; piers, harbors, breakwaters or channels and other shoreline
developments; waste disposal in shoreline areas; waste disposal from boats;
mobile-home parks; house relocation; outdoor advertising; floodplain protection;
soil and sedimentation control; air pollution; and watershed protection.
Whenever possible without diminishing the effectiveness of the regional plan,
the ordinances, rules, regulations and policies shall be confined to matters
which are general and regional in application, leaving to the jurisdiction of
the respective states, counties and cities the enactment of specific and local
ordinances, rules, regulations and policies which conform to the regional plan.

The agency shall prescribe by
ordinance those activities which it has determined will not have substantial
effect on the land, water, air, space or any other natural resources in the
region and therefore will be exempt from its review and approval.

Every ordinance adopted by
the agency shall be published at least once by title in a newspaper or
combination of newspapers whose circulation is general throughout the region.
Except an ordinance adopting or amending the regional plan, no ordinance shall
become effective until 60 days after its adoption. Immediately after its
adoption, a copy of each ordinance shall be transmitted to the governing body
of each political subdivision having territory within the region.

(b) No project other
than those to be reviewed and approved under the special provisions of
subdivisions (d), (e), (f) and (g) may be developed in the region without
obtaining the review and approval of the agency and no project may be approved
unless it is found to comply with the regional plan and with the ordinances,
rules and regulations enacted pursuant to subdivision (a) to effectuate that
plan.

The agency may approve a
project in the region only after making the written findings required by this
subdivision or subdivision (g) of Article V. Such findings shall be based on
substantial evidence in the record.

Before adoption by the agency
of the ordinances required in subdivision (g) of Article V, the agency may
approve a project in the region only after making written findings on the basis
of substantial evidence in the record that the project is consistent with the
regional plan then in effect and with applicable plans, ordinances,
regulations, and standards of federal and state agencies relating to the
protection, maintenance and enhancement of environmental quality in the region.

(c) The legislatures of
the states of California and Nevada find that in order to make effective the
regional plan as revised by the agency, it is necessary to halt temporarily
works of development in the region which might otherwise absorb the entire
capability of the region for further development or direct it out of harmony
with the ultimate plan. Subject to the limitation provided in this subdivision,
from the effective date of the amendments to this compact until the regional
plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983,
whichever is earlier:

(1) Except as otherwise
provided in this paragraph, no new subdivision, planned unit development, or
condominium project may be approved unless a complete tentative map or plan has
been approved before the effective date of the amendments to this compact by
all agencies having jurisdiction. The subdivision of land owned by a general
improvement district, which existed and owned the land before the effective
date of the amendments to this compact, may be approved if subdivision of the
land is necessary to avoid insolvency of the district.

(2) Except as provided
in paragraph (3), no apartment building may be erected unless the required
permits for such building have been secured from all agencies having
jurisdiction, prior to the effective date of the amendments to this compact.

(3) During each of the
calendar years 1980, 1981 and 1982, no city or county may issue building
permits which authorize the construction of a greater number of new residential
units within the region than were authorized within the region by building
permits issued by that city or county during the calendar year 1978. For the
period of January through April, 1983, building permits authorizing the
construction of no more than one-third of that number may be issued by each
such city or county. For purposes of this paragraph a residential unit means
either a single family residence or an individual residential unit within a
larger building, such as an apartment building, a duplex or a condominium.

The legislatures find the
respective numbers of residential units authorized within the region during the
calendar year 1978 to be as follows:

(4) During each of the
calendar years 1980, 1981 and 1982, no city or county may issue building
permits which authorize construction of a greater square footage of new
commercial buildings within the region than were authorized within the region
by building permits for commercial purposes issued by that city or county
during the calendar year 1978. For the period of January through April, 1983,
building permits authorizing the construction of no more than one-third the
amount of that square footage may be issued by each such city or county.

The legislatures find the
respective square footages of commercial buildings authorized within the region
during calendar year 1978 to be as follows:

(5) No
structure may be erected to house gaming under a nonrestricted license.

(6) No
facility for the treatment of sewage may be constructed or enlarged except:

(A) To
comply, as ordered by the appropriate state agency for the control of water
pollution, with existing limitations of effluent under the Clean Water Act, 33
U.S.C. §§ 1251 et seq., and the applicable state law for control of water
pollution;

(B) To
accommodate development which is not prohibited or limited by this subdivision;
or

(C) In
the case of Douglas County Sewer District # 1, to modify or otherwise alter
sewage treatment facilities existing on the effective date of the amendments to
this compact so that such facilities will be able to treat the total volume of
effluent for which they were originally designed, which is 3.0 million gallons
per day. Such modification or alteration is not a project; is not subject to
the requirements of Article VII; and does not require a permit from the agency.
Before commencing such modification or alteration, however, the district shall
submit to the agency its report identifying any significant soil erosion
problems which may be caused by such modifications or alterations and the
measures which the district proposes to take to mitigate or avoid such
problems.

The
moratorium imposed by this subdivision does not apply to work done pursuant to
a right vested before the effective date of the amendments to this compact.
Notwithstanding the expiration date of the moratorium imposed by this
subdivision, no new highway may be built or existing highway widened to
accommodate additional continuous lanes for automobiles until the regional
transportation plan is revised and adopted.

The moratorium imposed by this subdivision
does not apply to the construction of any parking garage which has been
approved by the agency prior to May 4, 1979, whether that approval was
affirmative or by default. The provisions of this paragraph are not an
expression of legislative intent that any such parking garage, the approval of
which is the subject of litigation which was pending on the effective date of
the amendments to this compact, should or should not be constructed. The
provisions of this paragraph are intended solely to permit construction of such
a parking garage if a judgment sustaining the agencys approval to construct
that parking garage has become final and no appeal is pending or may lawfully
be taken to a higher court.

(d) Subject
to the final order of any court of competent jurisdiction entered in litigation
contesting the validity of an approval by the Tahoe Regional Planning Agency,
whether that approval was affirmative or by default, if that litigation was
pending on May 4, 1979, the agency and the states of California and Nevada
shall recognize as a permitted and conforming use:

(1) Every structure housing gaming
under a nonrestricted license which existed as a licensed gaming establishment
on May 4, 1979, or whose construction was approved by the Tahoe Regional
Planning Agency affirmatively or deemed approved before that date. The construction
or use of any structure to house gaming under a nonrestricted license not so
existing or approved, or the enlargement in cubic volume of any such existing
or approved structure is prohibited.

(2) Every other
nonrestricted gaming establishment whose use was seasonal and whose license was
issued before May 4, 1979, for the same season and for the number and type of
games and slot machines on which taxes or fees were paid in the calendar year
1978.

(3) Gaming conducted
pursuant to a restricted gaming license issued before May 4, 1979, to the
extent permitted by that license on that date.

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The area within any structure housing gaming under a nonrestricted license
which may be open to public use (as distinct from that devoted to the private
use of guests and exclusive of any parking area) is limited to the area
existing or approved for public use on May 4, 1979. Within these limits, any
external modification of the structure which requires a permit from a local
government also requires approval from the agency. The agency shall not permit
restaurants, convention facilities, showrooms or other public areas to be constructed
elsewhere in the region outside the structure in order to replace areas
existing or approved for public use on May 4, 1979.

(e) Any structure
housing licensed gaming may be rebuilt or replaced to a size not to exceed the
cubic volume, height and land coverage existing or approved on May 4, 1979,
without the review or approval of the agency or any planning or regulatory
authority of the State of Nevada whose review or approval would be required for
a new structure.

(f) The following
provisions apply to any internal or external modification, remodeling, change
in use, or repair of a structure housing gaming under a nonrestricted license
which is not prohibited by Article VI (d):

(1) The agencys review
of an external modification of the structure which requires a permit from a
local government is limited to determining whether the external modification
will do any of the following:

(A) Enlarge the cubic
volume of the structure;

(B) Increase the total
square footage of area open to or approved for public use on May 4, 1979;

(C) Convert an area
devoted to the private use of guests to an area open to public use;

(D) Increase the public
area open to public use which is used for gaming beyond the limits contained in
paragraph (3); and

(E) Conflict with or be
subject to the provisions of any of the agencys ordinances that are generally
applicable throughout the region.

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The agency shall make this determination within 60 days after the proposal is
delivered to the agency in compliance with the agencys rules or regulations
governing such delivery unless the applicant has agreed to an extension of this
time limit. If an external modification is determined to have any of the
effects enumerated in subparagraphs (A) through (C), it is prohibited. If an
external modification is determined to have any of the effects enumerated in
subparagraph (D) or (E), it is subject to the applicable provisions of this
compact. If an external modification is determined to have no such effect, it
is not subject to the provisions of this compact.

(2) Except as provided
in paragraph (3), internal modification, remodeling, change in use or repair of
a structure housing gaming under a nonrestricted license is not a project and
does not require the review or approval of the agency.

(3) Internal
modification, remodeling, change in use or repair of areas open to public use
within a structure housing gaming under a nonrestricted license which alone or
in combination with any other such modification, remodeling, change in use or
repair will increase the total portion of those areas which is actually used
for gaming by more than the product of the total base area, as defined below,
in square feet existing on or approved before August 4, 1980, multiplied by 15
percent constitutes a project and is subject to all of the provisions of this
compact relating to projects. For purposes of this paragraph and the
determination required by Article VI (g), base area means all of the area
within a structure housing gaming under a nonrestricted license which may be
open to public use, whether or not gaming is actually conducted or carried on
in that area, except retail stores, convention centers and meeting rooms,
administrative offices, kitchens, maintenance and storage areas, rest rooms,
engineering and mechanical rooms, accounting rooms and counting rooms.

(g) In order to
administer and enforce the provisions of paragraphs (d), (e) and (f) the State
of Nevada, through its appropriate planning or regulatory agency, shall require
the owner or licensee of a structure housing gaming under a nonrestricted
license to provide:

(1) Documents
containing sufficient information for the Nevada agency to establish the
following relative to the structure:

(A) The location of its
external walls;

(B) Its total cubic
volume;

(C) Within its external
walls, the area in square feet open or approved for public use and the area in square
feet devoted to or approved for the private use of guests on May 4, 1979;

(D) The amount of
surface area of land under the structure; and

(E) The base area as
defined in paragraph (f)(3) in square feet existing on or approved before
August 4, 1980.

(2) An informational
report whenever any internal modification, remodeling, change in use, or repair
will increase the total portion of the areas open to public use which is used
for gaming.

The Nevada agency shall
transmit this information to the Tahoe Regional Planning Agency.

(h) Gaming conducted
pursuant to a restricted gaming license is exempt from review by the agency if
it is incidental to the primary use of the premises.

(i) The provisions of
subdivisions (d) and (e) are intended only to limit gaming and related
activities as conducted within a gaming establishment, or construction designed
to permit the enlargement of such activities, and not to limit any other use of
property zoned for commercial use or the accommodation of tourists, as approved
by the agency.

(j) Legal actions
arising out of or alleging a violation of the provisions of this compact, of
the regional plan or of an ordinance or regulation of the agency or of a permit
or a condition of a permit issued by the agency are governed by the following
provisions:

(A) Actions arising out
of activities directly undertaken by the agency.

(B) Actions arising out
of the issuance to a person of a lease, permit, license or other entitlement
for use by the agency.

(C) Actions arising out
of any other act or failure to act by any person or public agency.

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Such legal actions may be filed and the provisions of this subdivision apply
equally in the appropriate courts of California and Nevada and of the United
States.

(2) Venue lies:

(A) If a civil or
criminal action challenges an activity by the agency or any person which is
undertaken or to be undertaken upon a parcel of real property, in the state or
federal judicial district where the real property is situated.

(B) If an action
challenges an activity which does not involve a specific parcel of land (such
as an action challenging an ordinance of the agency), in any state or federal
court having jurisdiction within the region.

(3) Any aggrieved
person may file an action in an appropriate court of the State of California or
Nevada or of the United States alleging noncompliance with the provisions of
this compact or with an ordinance or regulation of the agency. In the case of
governmental agencies, aggrieved person means the Tahoe Regional Planning
Agency or any state, federal or local agency. In the case of any person other
than a governmental agency who challenges an action of the Tahoe Regional
Planning Agency, aggrieved person means any person who has appeared, either
in person, through an authorized representative, or in writing, before the
agency at an appropriate administrative hearing to register objection to the
action which is being challenged, or who had good cause for not making such an
appearance.

(4) A legal action
arising out of the adoption or amendment of the regional plan or of any
ordinance or regulation of the agency, or out of the granting or denial of any
permit, shall be commenced within 60 days after final action by the agency. All
other legal actions shall be commenced within 65 days after discovery of the
cause of action.

(5) In any legal action
filed pursuant to this subdivision which challenges an adjudicatory act or
decision of the agency to approve or disapprove a project, the scope of
judicial inquiry shall extend only to whether there was prejudicial abuse of
discretion. Prejudicial abuse of discretion is established if the agency has
not proceeded in a manner required by law or if the act or decision of the
agency was not supported by substantial evidence in light of the whole record.
In making such a determination the court shall not exercise its independent
judgment on evidence but shall only determine whether the act or decision was
supported by substantial evidence in light of the whole record. In any legal
action filed pursuant to this subdivision which challenges a legislative act or
decision of the agency (such as the adoption of the regional plan and the
enactment of implementing ordinances), the scope of the judicial inquiry shall
extend only to the questions of whether the act or decision has been arbitrary,
capricious or lacking substantial evidentiary support or
whether the agency has failed to proceed in a manner required by law.

or lacking substantial evidentiary
support or whether the agency has failed to proceed in a manner required by
law. In addition, there is a
rebuttable presumption that a regional plan adopted, amended, formulated or
maintained pursuant to this compact is in conformance with the requirements
applicable to this compact, and a party challenging the regional plan has the
burden of showing that it is not in conformance with the requirements
applicable to this compact.

(6) The provisions of
this subdivision do not apply to any legal proceeding pending on the date when
this subdivision becomes effective. Any such legal proceeding shall be
conducted and concluded under the provisions of law which were applicable prior
to the effective date of this subdivision.

(7) The security
required for the issuance of a temporary restraining order or preliminary
injunction based upon an alleged violation of this compact or any ordinance,
plan, rule or regulation adopted pursuant thereto is governed by the rule or
statute applicable to the court in which the action is brought, unless the
action is brought by a public agency or political subdivision to enforce its
own rules, regulations and ordinances in which case no security shall be
required.

(k) The agency shall
monitor activities in the region and may bring enforcement actions in the
region to ensure compliance with the regional plan and adopted ordinances,
rules, regulations and policies. If it is found that the regional plan, or
ordinances, rules, regulations and policies are not being enforced by a local
jurisdiction, the agency may bring action in a court of competent jurisdiction
to ensure compliance.

(l) Any person who
violates any provision of this compact or of any ordinance or regulation of the
agency or of any condition of approval imposed by the agency is subject to a
civil penalty not to exceed $5,000. Any such person is subject to an additional
civil penalty not to exceed $5,000 per day, for each day on which such a
violation persists. In imposing the penalties authorized by this subdivision,
the court shall consider the nature of the violation and shall impose a greater
penalty if it was willful or resulted from gross negligence than if it resulted
from inadvertence or simple negligence.

(m) The agency is
hereby empowered to initiate, negotiate and participate in contracts and
agreements among the local governmental authorities of the region, or any other
intergovernmental contracts or agreements authorized by state or federal law.

(n) Each
intergovernmental contract or agreement shall provide for its own funding and
staffing, but this shall not preclude financial contributions from the local
authorities concerned or from supplementary sources.

(o) Every record of the
agency, whether public or not, shall be open for examination to the Legislature
and Controller of the State of California and the legislative auditor of the
State of Nevada.

(p) Approval by the
agency of any project expires 3 years after the date of final action by the
agency or the effective date of the amendments to this compact, whichever is
later, unless construction is begun within that time and diligently pursued
thereafter, or the use or activity has commenced.

activity has commenced. In computing
the 3-year period any period of time during which the project is the subject of
a legal action which delays or renders impossible the diligent pursuit of that
project shall not be counted. Any license, permit or certificate issued by the
agency which has an expiration date shall be extended by that period of time
during which the project is the subject of such legal action as provided in
this subdivision.

(q) The governing body
shall maintain a current list of real property known to be available for
exchange with the United States or with other owners of real property in order
to facilitate exchanges of real property by owners of real property in the
region.

ARTICLE VII. Environmental Impact Statements

(a) The Tahoe Regional
Planning Agency when acting upon matters that have a significant effect on the
environment shall:

(1) Utilize a
systematic, interdisciplinary approach which will insure the integrated use of
the natural and social sciences and the environmental design arts in planning
and in decision making which may have an impact on mans environment;

(2) Prepare and
consider a detailed environmental impact statement before deciding to approve
or carry out any project. The detailed environmental impact statement shall
include the following:

(A) The significant
environmental impacts of the proposed project;

(B) Any significant
adverse environmental effects which cannot be avoided should the project be
implemented;

(C) Alternatives to the
proposed project;

(D) Mitigation measures
which must be implemented to assure meeting standards of the region;

(E) The relationship
between local short-term uses of mans environment and the maintenance and
enhancement of long-term productivity;

(F) Any significant
irreversible and irretrievable commitments of resources which would be involved
in the proposed project should it be implemented; and

(G) The growth-inducing
impact of the proposed project;

(3) Study, develop and
describe appropriate alternatives to recommended courses of action for any
project which involves unresolved conflicts concerning alternative uses of
available resources;

(4) Make available to
states, counties, municipalities, institutions and individuals, advice and
information useful in restoring, maintaining and enhancing the quality of the
regions environment; and

(5) Initiate and
utilize ecological information in the planning and development of
resource-oriented projects.

(b) Prior to completing
an environmental impact statement, the agency shall consult with and obtain the
comments of any federal, state or local agency which has jurisdiction by law or
special expertise with respect to any environmental impact involved. Copies of
such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to
develop and enforce environmental standards shall be made available to the
public and shall accompany the project through the review processes.

federal, state and local agencies
which are authorized to develop and enforce environmental standards shall be
made available to the public and shall accompany the project through the review
processes. The public shall be consulted during the environmental impact
statement process and views shall be solicited during a public comment period
not to be less than 60 days.

(c) Any environmental
impact statement required pursuant to this article need not repeat in its
entirety any information or data which is relevant to such a statement and is a
matter of public record or is generally available to the public, such as
information contained in an environmental impact report prepared pursuant to
the California Environmental Quality Act or a federal environmental impact
statement prepared pursuant to the National Environmental Policy Act of 1969.
However, such information or data shall be briefly described in the
environmental impact statement and its relationship to the environmental impact
statement shall be indicated.

In addition, any person may
submit information relative to a proposed project which may be included, in
whole or in part, in any environmental impact statement required by this
article.

(d) In addition to the
written findings specified by agency ordinance to implement the regional plan,
the agency shall make either of the following written findings before approving
a project for which an environmental impact statement was prepared:

(1) Changes or
alterations have been required in or incorporated into such project which avoid
or reduce the significant adverse environmental effects to a less than
significant level; or

(2) Specific
considerations, such as economic, social or technical, make infeasible the
mitigation measures or project alternatives discussed in the environmental
impact statement on the project.

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A separate written finding shall be made for each significant effect identified
in the environmental impact statement on the project. All written findings must
be supported by substantial evidence in the record.

(e) The agency may
charge and collect a reasonable fee from any person proposing a project subject
to the provisions of this compact in order to recover the estimated costs
incurred by the agency in preparing an environmental impact statement under
this article.

(f) The agency shall
adopt by ordinance a list of classes of projects which the agency has determined
will not have a significant effect on the environment and therefore will be
exempt from the requirement for the preparation of an environmental impact
statement under this article. Prior to adopting the list, the agency shall make
a written finding supported by substantial evidence in the record that each
class of projects will not have a significant effect on the environment.

ARTICLE VIII. Finances

(a) On or before
September 30 of each calendar year the agency shall establish the amount of
money necessary to support its activities for the next succeeding fiscal year
commencing July 1 of the following year. The agency shall apportion $75,000 of
this amount among the counties within the region on the same ratio to the total
sum required as the full cash valuation of taxable
property within the region in each county bears to the total full cash
valuation of taxable property within the region.

sum required as the full cash
valuation of taxable property within the region in each county bears to the
total full cash valuation of taxable property within the region. In addition,
each county within the region in California shall pay $18,750 to the agency and
each county within the region in Nevada, including Carson City, shall pay
$12,500 to the agency, from any funds available therefor. The State of
California and the State of Nevada may pay to the agency by July 1 of each year
any additional sums necessary to support the operations of the agency pursuant
to this compact. If additional funds are required, the agency shall make a
request for the funds to the states of California and Nevada. Requests for
state funds must be apportioned two-thirds from California and one-third from
Nevada. Money appropriated shall be paid within 30 days.

(b) The agency may fix
and collect reasonable fees for any services rendered by it.

(c) The agency shall
submit an itemized budget to the states for review with any request for state
funds, shall be strictly accountable to any county in the region and the states
for all funds paid by them to the agency and shall be strictly accountable to
all participating bodies for all receipts and disbursement.

(d) The agency is
authorized to receive gifts, donations, subventions, grants, and other
financial aids and funds; but the agency may not own land except as provided in
subdivision (i) of Article III.

(e) The agency shall
not obligate itself beyond the moneys due under this article for its support
from the several counties and the states for the current fiscal year, plus any
moneys on hand or irrevocably pledged to its support from other sources. No
obligation contracted by the agency shall bind either of the party states or
any political subdivision thereof.

ARTICLE IX. Transportation District

(a) The Tahoe
transportation district is hereby established as a special purpose district.
The boundaries of the district are coterminous with those of the region.

(b) The business of the
district shall be managed by a board of directors consisting of:

(1) One member of the
county board of supervisors of each of the counties of El Dorado and Placer;

(2) One member of the
city council of the City of South Lake Tahoe;

(3) One member each of
the board of county commissioners of Douglas County and of Washoe County;

(4) One member of the
board of supervisors of Carson City;

(5) The director of the
California Department of Transportation; and

(6) The director of the
department of transportation of the State of Nevada.

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Any director may designate an alternate.

(c) The vote of at
least five of the directors must agree to take action. If at least five votes
in favor of an action are not cast, an action of rejection shall be deemed to
have been taken.

(d) The Tahoe
transportation district may in accordance with the adopted transportation plan:

(1) Own and operate a
public transportation system to the exclusion of all other publicly owned
transportation systems in the region.

(2) Acquire upon
mutually agreeable terms any public transportation system or facility owned by
a county, city or special purpose district within the region.

(3) Hire the employees
of existing public transportation systems that are acquired by the district
without loss of benefits to the employees, bargain collectively with employee
organizations, and extend pension and other collateral benefits to employees.

(4) Fix the rates and
charges for transit services provided pursuant to this subdivision.

(5) Issue revenue bonds
and other evidence of indebtedness.

(6) By resolution,
determine and propose for adoption a tax for the purpose of obtaining services
of the district. The tax proposed must be general and of uniform operation
throughout the region, and may not be graduated in any way. The district is
prohibited from imposing an ad valorem tax, a tax measured by gross or net
receipts on business, a tax or charge that is assessed against people or
vehicles as they enter or leave the region, and any tax, direct or indirect, on
gaming tables and devices. Any such proposition must be submitted to the voters
of the district and shall become effective upon approval of two-thirds of the
voters voting on the proposition. The revenues from any such tax must be used
for the service for which it was imposed, and for no other purpose.

(7) Provide service
from inside the region to convenient airport, railroad and interstate bus
terminals without regard to the boundaries of the region.

(e) The legislatures of
the states of California and Nevada may, by substantively identical enactments,
amend this article.

ARTICLE X. Miscellaneous

(a) It is intended that
the provisions of this compact shall be reasonably and liberally construed to
effectuate the purposes thereof. Except as provided in subdivision (c), the
provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be contrary to the
constitution of any participating state or of the United States or the
applicability thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the applicability
thereof to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of any
state participating therein, the compact shall remain in full force and effect
as to the remaining state and in full force and effect as to the state affected
as to all severable matters.

(b) The agency shall
have such additional powers and duties as may hereafter be delegated or imposed
upon it from time to time by the action of the Legislature of either state
concurred in by the Legislature of the other.

(c) A state party to
this compact may withdraw therefrom by enacting a statute repealing the
compact. Notice of withdrawal shall be communicated officially and in writing
to the Governor of the other state and to the agency administrators. This
provision is not severable, and if it is held to be unconstitutional or
invalid, no other provision of this compact shall be binding upon the State of
Nevada or the State of California.

(d) No provision of
this compact shall have any effect upon the allocation, distribution or storage
of interstate waters or upon any appropriative water right.

2. Section 18
of chapter 530, Statutes of Nevada 2011, at page 3740, is hereby amended to
read as follows:

2. Sections 1
and 2 of chapter 442, Statutes of Nevada 1985, at pages 1257 and 1258,
respectively, and sections 2 and 3
of chapter 311, Statutes of Nevada 1997, at pages 1147 and 1169, respectively, are
hereby repealed.

3. NRS 277.220
is repealed effective upon:

(a) Payment of all of
the outstanding obligations of the Account for the Tahoe Regional Planning
Agency created by NRS 277.220; and

(b) Transfer of the remaining
balance, if any, in the Account for the Tahoe Regional Planning Agency to the
Account for the Nevada Tahoe Regional Planning Agency created by section 3 of
this act, as required by section 21 of this act.

3. Section
23.5 of chapter 530, Statutes of Nevada 2011, at page 3742, is hereby
amended to read as follows:

Sec. 23.5. If
all of the events described in paragraph
(a) of subsection [4]6 of section 25 of this act have not yet taken
place as of July 1, 2015, the Governor, on or after that date, but before
October 1, 2015:

1. Shall assess
whether it is likely that all of the events described in paragraph (a) of subsection [4]6 of section 25 of
this act will take place in the reasonably foreseeable future; and

2. May, if the
Governor determines it is likely that all of the events described in paragraph (a) of subsection
[4]6 of section 25 of this act will take place in
the reasonably foreseeable future, issue a proclamation to that effect. [If
the Governor issues the proclamation described in this subsection, sections 1,
2 to 22, inclusive, and 24 of this act must not become effective until October
1, 2017.]

4. Section 25
of chapter 530, Statutes of Nevada 2011, at page 3743, is hereby amended to
read as follows:

Sec. 25. 1. This
section ,[and]
sections 17.3[,]and 17.7, subsection 2 of section 18, and sections
22.5, 23 and 23.5 of this act become effective upon passage and
approval.

2. Section 22.5
of this act expires by limitation on January 1, 2013.

3. Section 1.5
of this act becomes effective upon proclamation by the Governor of this State
of:

(a)The enactment by the State of
California of amendments that are substantially identical to the amendments to
the Tahoe Regional Planning Compact contained in section 1.5 of this act; and

(b) The approval of the
amendments to the Tahoe Regional Planning Compact contained in section 1.5 of
this act pursuant to Public Law 96-551.

4. Except as
otherwise provided in [subsection 5,]subsections 5 and 6, sections 1[,]and 2 to 17, inclusive, subsections 1 and 3 of
section 18, and sections 19 to 22, inclusive, and 24 of this act
become effective on October 1, 2015 . [, unless, by that date, all of the following events have
occurred:

(a) The State of California has enacted
amendments that are substantially identical to the amendments to the Tahoe
Regional Planning Compact contained in section 1.5 of this act;

(b) The amendments to the Tahoe Regional
Planning Compact contained in section 1.5 of this act have been approved
pursuant to Public Law 96-551; and

(c) The governing board of the Tahoe Regional
Planning Agency has adopted an update to the 1987 Regional Plan.]

5. [In]Except as otherwise provided in
subsection 6, in the event that the Governor of this State issues
a proclamation pursuant to section 23.5 of this act, sections 1[,]and 2 to 17, inclusive, subsections 1 and 3 of
section 18, and sections 19 to 22, inclusive, and 24 of this act
become effective on October 1, 2017.

6. Sections 1 and 2 to 17, inclusive,
subsections 1 and 3 of section 18, and sections 19 to 22, inclusive, and 24 of
this act do not become effective if:

(a) All of the following events occur before
October 1, 2015:

(1) The State of California enacts
amendments that are substantially identical to the amendments to the Tahoe
Regional Planning Compact contained in section 1.5 of this act;

(2) The amendments to the Tahoe Regional
Planning Compact contained in section 1.5 of this act are approved pursuant to
Public Law 96-551; and

(3) The governing board of the Tahoe
Regional Planning Agency adopts an update to the 1987 Regional Plan; or

(b) The Governor of this State issues a
proclamation pursuant to section 23.5 of this act and all of the events
described in paragraph (a) occur before October 1, 2017.